Beach v. Grady, et al

Jennifer Spyker

Attorney at Tin, Fulton, Walker & Owen

Jennifer Diane Spyker has been working to protect employee rights since 2013.  Her career is exclusively dedicated to representing employees from all walks of life, ranging from hourly employees to corporate executives.  

Jennifer is experienced in handling employment disputes against private and public employers ranging from discrimination, retaliation, whistleblower, wage and hour, severance negotiations, non-compete, trade secret, and confidentiality disputes, executive compensation, and First Amendment and due process violations which arise in public employment.

In addition to litigating on behalf of employees in state and federal courts in North Carolina, Jennifer provides swift and effective guidance to those navigating complex separations, reasonable accommodation and medical leave requests, disciplinary actions, and other concerns where state and federal employment rights are at stake.  

Jennifer is known in the employment law community for being very thorough and prepared, and ready and willing to take on challenging cases.  The results are demonstrated in successful rulings in state and federal courts in North Carolina.  Other attorneys have called upon Jennifer to help with legal research, writing, and trial assistance.

Jennifer volunteered as CLE Co-Chair for the North Carolina Advocates for Justice Employment Law Section from 2016-2020 where she helped organize continuing legal education programs for plaintiffs’ employment lawyers.  She also provides pro bono representation through the Western District of North Carolina’s Pro Se Settlement Assistance Program.  Jennifer has been included in Super Lawyers “Rising Stars” since 2017 and Best Lawyers: Ones to Watch in America since 2021.

Over the years, Jennifer and her husband have fostered rescues in their home through the Charlotte Humane Society and other rescue organizations.

Ben Winikoff

Ben Winikoff is a law partner with Elliot Morgan Parsonage, PLLC in Winston Salem, NC. He has a diverse civil litigation practice with a focus on the areas of employment law, workers’ compensation, and personal injury. Through this diverse practice, he has represented clients on a range of issues, including claims of race, sex, disability, pregnancy, sexual harassment, and genetic discrimination in the workplace.  He has also represented whistleblowers, clients under the False Claims Act, and clients with retaliation claims under state and federal law. He has also represented state and local government employees subject to the State Human Resources Act (SHRA).

Ben is a 2018 graduate of the North Carolina Bar Association Leadership Academy and was the 2022 president of the Forsyth County Bar Association-Young Lawyers’ Division.

In addition to being a full-time attorney, Ben teaches workers’ compensation law as an adjunct professor at Wake Forest University School of Law and serves as a Captain in the United States Army Reserves as a Judge Advocate.

Ben is a graduate of Wake Forest University and Wake Forest University School of Law. He lives in Winston Salem with his wife, Holley, and two daughters.

Opinion Filed Pending
Attorney for the Case John R. Taylor
Amicus Brief Writers Jennifer Spyker Ben Winikoff
Court 4th Circuit Court of Appeals
Docket No. No. 25-2057

Eric Griffith died in the Harnett County Detention Center after being jailed for failure to pay a $320.00 fine. The lawsuit alleges that he was denied prompt and necessary medical care despite reporting drug withdrawals upon intake, his aunt and pastor relaying their concerns about drug withdrawals while detained, Mr. Griffith asking jailers for help with his withdrawals, allegedly obtaining and taking drugs smuggled in by a jail employee, and his cellmate requesting help when Mr. Griffith was experiencing an ultimately fatal  medical emergency. Under these circumstances, medical care and monitoring were mandatory, including under the jail’s own policies. Defendants’ motion for summary judgment was denied as to all but one Defendant, and the remaining Defendants appealed to the Fourth Circuit.

NCAJ worked in conjunction with Disability Rights North Carolina to file an amicus brief in support of Plaintiff. As stated in the brief:

Amici curiae write to highlight medical literature on evidence-based medical treatment for withdrawal syndrome and North Carolina’s regulatory jail reforms, which—in addition to the clearly established case law cited in Plaintiff-Appellee’s Brief—demonstrate that prior to June 2021, no reasonable jail official could have been unaware of their constitutional obligations to provide the bare minimum, evidence-based medical care.

Defendants contend that their constitutional duties were not sufficiently established at the time of Mr. Griffith’s death. The amicus brief rebuts this contention with a detailed review of the medical, statistical, public health, and regulatory evidence which clearly establishes that the issues leading to Mr. Griffith’s death were well established long before he was detained. The illegality of refusing care to Mr. Griffith was well known, as were the potentially dire consequences of doing so.