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Articles by David M. Reutter

Class Action Certified in Lawsuit Alleging Raw Sewage Presence in Washington Jail

by David M. Reutter

On June 29, 2026, the U.S. District Court for the Western District of Washington certified a class consisting of any person who from May 2, 2020, to present was “held in any cell blocks at Pierce County Jail (PCJ) having unremedied plumbing defects leading …

South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit

by David M. Reutter

The South Carolina Supreme Court granted a writ of certiorari on July 22, 2026, which reversed class action status alleging prison officials were negligent in the rape of adult and juvenile prisoners. The Court found that the action failed to satisfy the commonality test, …

Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator

by David M. Reutter

On August 6, 2026, the U.S. Court of Appeals for the Second Circuit held that the Eighth Amendment, not the Fourteenth Amendment, is applicable when a person finally adjudicated as a parole violator brings a lawsuit for excessive force.

Danny Farrington in March …

Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack

by David M. Reutter

On August 6, 2026, the U.S. Court of Appeals for the Sixth Circuit reversed the denial of qualified immunity (QI) to a guard who delayed treatment by eight minutes to a Michigan prisoner who complained of chest pain and subsequently suffered a heart attack. …

Report Finds State Prison Systems Fail to Provide Adequate Assistance to Obtain Release Documentation

by David M. Reutter

The advent of identification theft and residency questions brought due to heightened scrutiny of citizenship status mandates one possess documents to prove who they are and their eligibility to work legally. A February 2026 report by the Reason Foundation evidences that most state prison …

Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C

by David M. Reutter

On July 23, 2026, the U.S. Court of Appeals for the Eleventh Circuit affirmed an order granting judgment on the pleadings that refused to expand a Bivens claim to include an Eighth Amendment claim alleging prison officials denied Hepatitis C treatment to a prisoner. …

Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services

by David M. Reutter

The U.S. Court of Appeals for the Ninth Circuit reversed the grant of summary judgment for the California Department of Corrections and Rehabilitation (CDCR) in a prisoner’s action alleging CDCR violated Title II of the Americans with Disabilities Act (ADA) by failing to reasonably …

Virginia Report Finds Deaths Increasing as Prison Population Ages

by David M. Reutter

A July 2026 report issued by the Virginia Department of Criminal Justice Services (DCJS) found that the age of persons dying in prison increased and those prisoners more often died from natural causes. The report made recommendations to reduce the number of deaths.

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Pennsylvania Supreme Court Ends Mandatory Life Without Parole Sentence for Felony Murder

by David M. Reutter

The Supreme Court of Pennsylvania, Western Division, held that Article I, Section 13 of the Pennsylvania Constitution prohibits the imposition of a mandatory life without parole sentence upon persons convicted of felony murder. The Court’s opinion delved deeply into the history behind the creation …

Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location

by David M. Reutter

On November 14, 2025, the Supreme Court of Oregon held that a detainee who was in the physical custody of the Oregon Department of Corrections (DOC) but in the legal custody of a sentencing court was “in jail” within the meaning of ORS 137.370(4). …