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Articles by David M. Reutter

Medical, Mental Health Care Lacking at Florida Jail Despite 43 Years of Court Oversight

by David M. Reutter

Despite oversight by a federal court since 1976, the Broward County Jail (BCJ) in Florida does not provide adequate medical or mental health treatment to prisoners. Since 2018, at least ten detainees have died while in the jail’s custody.

BCJ reached a new settlement agreement in ...

Summary Judgment Affirmed Against Publication in Civil Commitment Facility

by David M. Reutter

n August 21, 2019, the Eleventh Circuit Court of Appeals upheld a grant of summary judgment to officials who had banned a civil commitment detainee’s newsletter and placed page limits on the copying of a successor publication.

James Pesci is incarcerated at Florida’s Civil Commitment Center ...

Solitary Confinement for Former Death Row Prisoner Held Unconstitutional

by David M. Reutter

A Connecticut federal district court held on August 27, 2019 that a former death row prisoner who was kept in solitary confinement had been subjected to cruel and unusual punishment. The court issued injunctive relief and set a hearing for damages.

The ruling came in a ...

Georgia Prison System Ordered to Amend Policy to Allow Three-Inch Beards

by David M. Reutter

A Georgia federal district court has held that a policy limiting prisoners’ beard length to half an inch without religious exemptions violates the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court ordered the Georgia Department of Corrections (GDOC) to allow eligible prisoners to grow ...

Florida Prisoner Left a Quadriplegic After Brutal Beating by Guards

by David M. Reutter

On August 21, 2019, prison guards at the Lowell Correctional Institution (LCI) near Ocala, Florida allegedly beat Cheryl Weimar “to within an inch of her life” because the 51-year-old prisoner – who was left a quadriplegic following the attack – refused to clean a toilet, according ...

Fourth Circuit Reverses Dismissal of Virginia Prisoner’s Hep C Lawsuit

by David M. Reutter

The Fourth Circuit Court of Appeals held on September 4, 2019 that prison officials responsible for a policy that prevented a Virginia prisoner from receiving treatment for the hepatitis C virus (HCV) could be found deliberately indifferent to his serious medical needs.

That ruling came in ...

Companies Compete to Build New Alabama Prisons

by David M. Reutter

In the face of a looming federal lawsuit over conditions inside its prison system, Alabama is moving forward with a $900 million plan to build three new men’s facilities. Five companies have submitted a Statement of Qualifications (SOQ) to be considered for the project.

As PLN ...

Qualified Immunity Denied when Pretrial Detainees Deprived of Water at Illinois Jail

by David M. Reutter

On August 12, 2019, the Seventh Circuit Court of Appeals denied qualified immunity to officials at Illinois’ Lake County Adult Correctional Institution (LCACI) who deprived pretrial detainees of sufficient water and sanitation for three days.

The matter was before the appellate court after the defendants, Sheriff ...

California Appellate Court Discusses Appointment of Counsel for Incarcerated Litigants

by David M. Reutter

California’s Fifth Appellate District held on August 6, 2019 that trial courts are responsible for recognizing their discretionary duty to appoint counsel and experts to ensure indigent civil prisoner litigants are afforded meaningful access to the courts.

Before the Appellate District was an appeal brought by ...

Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals

by David M. Reutter

A constitutional amendment passed by Florida voters in November 2018 requires that victims’ privacy must be protected, in order to prevent retaliation after the criminal (or alleged criminal) is released from prison or jail, whether after completion of a sentence or on bond. However, details regarding ...