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Articles by David M. Reutter

$30,000 Settlement in Pennsylvania Jail Excessive Strip Search Suit

by David M. Reutter

Pennsylvania’s Lancaster County Prison (LCP) paid $30,000 to settle a lawsuit alleging a female pre-trial detainee was strip searched four times over her three-day stay at the facility.

Rebecca Brown was arrested on March 25, 2016 and taken to LCP. She was strip searched upon being ...

Florida: No Qualified Immunity for Jail Medical Staff in Prisoner’s Death

by David M. Reutter

Florida federal district court has held that a doctor and nurse at the Orange County Jail (OCJ) were not entitled to qualified immunity in a lawsuit filed by the estate of a pretrial detainee who died at that facility.

Max Gracia, Jr., 22, was treated ...

Interim Attorney Fees Awarded in Kentucky Good Time Lawsuit

by David M. Reutter

In December 2018, a Kentucky federal district court awarded interim attorney fees and costs totaling $228,445.08 in a class-action lawsuit alleging state prisoners were denied Educational Good Time (EGT) credit earned since July 15, 2011.

The suit was originally filed in Franklin County Circuit Court ...

Former Louisiana Warden Nate Cain, Son of Infamous Burl Cain, Pleads Guilty

by David M. Reutter

“Yes, sir,” said Nathan Burl Cain II.

With that reply in March 2019, the former warden of Louisiana’s Avoyelles Correctional Center, now known as the Raymond Laborde Correctional Center, abruptly ended his federal trial on corruption charges. Facing 17 counts of wire fraud and one count ...

End of Gubernatorial Terms Bring Pardons, Commutations

by David M. Reutter

Following the 2018 elections, outgoing governors in at least 10 states and others who remained in office resolved some outstanding clemency applications by issuing pardons and commutations.

In January 2019, then-Illinois Governor Bruce Rauner – who lost his 2018 re-election bid to J.B. Pritzker – granted ...

Michigan: $40,000 Settlement for Parole Violation Sanctions Absent Due Process

by David M. Reutter

A $40,000 settlement was reached in a lawsuit alleging the Michigan Department of Corrections (MDOC) deprived a parolee of his liberty without due process or an opportunity to properly waive his rights.

In his pro se complaint, Scott Andrew Witzke alleged that MDOC officials arrested him ...

Mississippi Prison Industry Program Faltering, CEO Fired

by David M. Reutter

The Mississippi Prison Industries Corporation (MPIC), a nonprofit “quasi-state agency,” is suffering financial losses and its future viability was questioned in a report by the state’s Joint Legislative Committee on Performance Evaluation Expenditure Review (PEER).

“The time has come for MPIC and the Legislature to consider ...

Ninth Circuit Issues Ruling on Arizona DOC Stipulated Settlement

by David M. Reutter

The Ninth Circuit Court of Appeals held on December 20, 2018 that a stipulated settlement in a conditions of confinement suit against the Arizona Department of Corrections (ADOC) allowed the district court to issue an order requiring the ADOC to develop and implement a plan to ...

California: Denial of Bed During Jail Disturbances Not a Constitutional Violation

by David M. Reutter

On January 11, 2019, the Ninth Circuit Court of Appeals affirmed a grant of summary judgment to the defendants in a civil rights action alleging a pretrial detainee was denied a bed during his three-and-a-half-day stay at the Los Angeles County Inmate Reception Center (IRC).

Maurice ...

Fourth Circuit Reverses Dismissal of South Carolina Prisoner’s Suit Over Safekeeper Status

by David M. Reutter

The Fourth Circuit Court of Appeals reversed a grant of summary judgment to officials who allegedly denied a pretrial detainee substantive and procedural due process when placing him in safekeeper status.

Dustin Robert Williamson, who was 20 at the time, was being held at South ...