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Articles by David M. Reutter

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 ...

Washington State Prisoner Properly Denied Visitation with Daughters

by David M. Reutter

In an unpublished opinion, the Washington Court of Appeals held on December 18, 2018 that a prisoner was properly denied visitation with his daughters, who were victims of his crimes.

John M. Pino pleaded guilty in 2009 to three counts of first-degree child molestation. His 150-month-to-life ...

Third Circuit: Female Jail Guard Loses Discrimination, Wrongful Termination Case

by David M. Reutter

On December 31, 2018, in an unpublished ruling, the Third Circuit Court of Appeals upheld a summary judgment order in a lawsuit that alleged employment discrimination. The appellate court found that officials at Pennsylvania’s Franklin County Jail (FCJ) had properly terminated the plaintiff, a ...

Class Action Challenges Theft of Millions of Digital Music Files from Florida Prisoners

by David M. Reutter

A class-action lawsuit accuses the Florida Department of Corrections (FDOC) of confiscating prisoners’ “lawfully purchased property without compensation” so the department and its vendor, JPay, could realize profit through a new contract. 

The suit concerns prisoners’ loss of music files accessible only via their MP3 ...

Search for Mental Health Care Ends Tragically at Florida Jail

by David M. Reutter

County jails are ill equipped to care for people with mental health issues. That fact was not known to Vicki Futch, 80, when she called Florida’s Putnam County Sheriff’s Office (PCSO) for help because her son, Gregory Allan Futch, 54, was “out of his mind.” ...