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HRDC Prevails Over Wellpath as Vermont Supreme Court Rules Private Contractor Must Release Public Records
by David M. Reutter
The Vermont Supreme Court concluded that under the Public Records Act (PRA) when “the state contracts with a private entity to discharge the entirety of a fundamental and uniquely governmental obligation owed to its citizens, that entity acts as an ‘instrumentality’ of the State.” …
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More from this issue:
- Wrongfully Convicted Man Freed for Murder of Oregon DOC Director, But State Wants Him Back In Prison, by Mark Wilson
- From the Editor, by Paul Wright
- Indiana DOC Settles HRDC Mail Censorship Suit, by Chuck Sharman
- HRDC Represents Wrongfully Convicted Florida Man Who Spent 37 Years in Prison for a Rape Murder He Did Not Commit, by Chuck Sharman
- Fifth Circuit Overturns Permanent Injunction Requiring Texas Prison to Observe COVID-19 Precautions, by Matthew Clarke
- Arizona Auditor’s Report Finds Underfunding of DOC’s Capital Funding Requests and Unreconciled Prisoner Trust Fund Accounts, by Matthew Clarke
- $750,000 Settlement in South Carolina Pretrial Detainee’s Suicide by Southern Health Partners, by David Reutter
- Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money, by David Reutter
- Washington State Prison Chief Secretly Forced to Retire, But Why?
- Benevolent or Predatory?, by Casey Bastian
- Georgia Sheriff Suspended After Indictment on Federal Civil Rights Charges, by David Reutter
- Language Matters: Why We Use the Words We Do, by Paul Wright
- What’s in a Name?, by Jeffrey Ross
- Louisiana Prisoners Used as Slave Labor During Hurricane Ida, Families Left in the Dark for Weeks, by Brian Dolinar
- Will Federal Prisoners on Home Confinement Have to Return to Prison?, by Dale Chappell
- Seven Guards Fired Over Collins County Texas Jail Death, by Jayson Hawkins
- Kentucky’s Prison HCV Policy of Monitoring Without Treatment Constitutional, by David Reutter
- All Massachusetts Jails to Provide Prisoners Ten Free Minutes of Phone Calls Per Week and Cap Charges on Additional Minutes at 14 Cents
- Federal District Court Orders All CDCR Employees be Vaccinated, by Douglas Ankney
- Company Surveils Activists Opposing Construction of Prisons and Jails, by Keith Sanders
- Louisville Jail Moves to Have Free Phone Calls for Prisoners by First of the Year, by Kevin Bliss
- Hackers Breach Thousands of Security Cameras, by David Reutter
- First Prisoner Elected to Hold Public Office in Washington DC, by Kevin Bliss
- Wisconsin Feels Effects of Staffing Shortage in State Prisons, by Kevin Bliss
- $72,000 Settlement Over Corizon’s Lack of Medical Treatment to Injured Arizona Prisoner, by Matthew Clarke
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, by Dale Chappell
- Weeks Without a Shower: Neglect Defines COVID-19 Containment in California Jails, by Brian Osgood
- Audit Reveals Federal Bureau of Prisons’ Chaplaincy Services Branch Critically Depleted, by Casey Bastian
- To End Mass Incarceration, We Need to Bust the Myths That Prop It Up, by James Kilgore
- CFPB Hits JPay with $6 Million in Fines and Restitution Over Fee-Heavy “Debit Release Cards”, by Chuck Sharman
- HRDC Prevails Over Wellpath as Vermont Supreme Court Rules Private Contractor Must Release Public Records, by David Reutter
- Eleven Guards Fired after Death at Houston Jail, by Brian Dolinar
- Indiana Prisoner Entitled to Credit Time During Period of Erroneous Liberty, by David Reutter
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, by David Reutter
- $731,000 Jury Award to Illinois DOC Prisoner Held 23 Months Beyond Release Date, Over $210k in Fees Awarded As Well, by David Reutter
- Eighth Circuit Clarifies Legal Standards for Conditions-of-Confinement Lawsuits Brought by Civilly-Committed Sex Offenders, by Matthew Clarke
- Prisoner Voting Population Grows as Illinois Bill Extends Polling Sites to County Jails
- Massachusetts Department of Corrections Sued Over Use of “Fake” Drug Tests on Legal Mail, by Casey Bastian
- Seventh Circuit: Local Rules Requiring Specific Filings to Summary Judgments Should Not be Used as a Sanction, by Dale Chappell
- Michigan DOC Eases Up on Pregnant Prisoners, Limits Shackles and Solitary Confinement, by Chuck Sharman
- D.C. Federal Court Rules District Providing Unlawfully Inadequate Education to Incarcerated Youth with Disabilities, Grants Preliminary Injunction, by Matthew Clarke
- Prison Officials Actions to Correct Inhumane Cell Conditions Merit Judgement in Their Favor
- $129,000 Bench Verdict for BOP Prisoner in Failure to Warn of Valley Fever
- Lawsuit Over Denial of Medical Treatment for Painful Erection Causing Impotence in Oklahoma County Jail Reinstated by Tenth Circuit, by Matthew Clarke
- CoreCivic Prison at Center of Georgia Drug Trafficking Investigation
- Fifth Circuit Holds Defendants Entitled to Sovereign Immunity For Denial of Sex-Reassignment Surgery to Texas Prisoner, by Matthew Clarke
- Sixth Circuit Holds Court Lacked Jurisdiction to Rule on Summary Judgment in Retaliation Suit by BOP Prisoner
- California Fire Crew Prisoner’s Escape Attempt Leaves Trail of Destruction
- $5,000 Award for Pro Se Florida DOC Prisoner in Unjustified Pepper Spraying
- Oregon Suspends Outside Prisoner Work Crews After Prisoner Escape Sparks International Incident, by Mark Wilson
- Forced Shaving of Muslim Colorado Prisoner’s Beard Unconstitutional, by David Reutter
- Broward County Florida Sheriff Rejects Independent Reviews of Detainee’s Death
- $8.6 Million Award Against Wexford for Deliberate Indifference to Prisoner’s Kidney Cancer
- $170,000 Settlement By New Jersey DOC in Transgender Lawsuit With New Policy, by Jayson Hawkins
- Arizona Federal Court Dismisses NAACP’s Challenge to Private Prisons as Violating Thirteenth Amendment by Commodifying Prisoners for Profit
- Fifth Circuit Holds Confessed Medical Malpractice Does Not Insulate Prison Medical Providers From Finding of Deliberate Indifference, by Matthew Clarke
- $23,000 Settlement Against Pennsylvania Dental Healthcare Company for Inadequate Dental Care
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Hospital Keeps Sending Detainees Back Without Care to County Jail in Colorado, May 1, 2026. Jail Misconduct, Private Contractors, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- NaphCare Pays $875,000 to Settle New York License Violations, Banned from State for Five Years, May 1, 2026. Naphcare, Contractor Misconduct, Systemic Medical Neglect, Private Contractors, Medical Neglect/Malpractice.
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.
- Alabama DOC Terminates $1 Billion Contract with YesCare, May 1, 2026. Naphcare, Corizon, Private Contractors, Suicides, Employee Litigation.
- Survey of Arkansas Jails Reveals Strained, Costly Health Care System, April 1, 2026. Systemic Medical Neglect, Private Contractors, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Mississippi DOC Retains Law Firm to Monitor VitalCore Contract, April 1, 2026. Contractor Misconduct, Systemic Medical Neglect, Dental Care, Private Contractors, Staffing.
- Virginia Jail Suicide Results in $950,000 Settlement, Claims Against Wellpath still Pending, April 1, 2026. Private Contractors, Medical Records, Settlements, Failure to Protect (Wrongful Death), Suicides.
- Faults Found with Centurion in Kansas Four Years Ago Are Still Not Fixed, April 1, 2026. Centurion, Systemic Medical Neglect, Private Contractors, Failure to Treat, Deliberate Indifference.
- California County Hires New Healthcare Company After Jail Deaths Under Wellpath, April 1, 2026. Systemic Medical Neglect, Private Contractors, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.

