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Articles by David Reutter

Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies

by David Reutter

On March 4, 2026, the United States Court of Appeals for the Tenth Circuit held that a prisoner’s religious rights claims were not moot because the prisoner transferred to another prison but was subjected to nearly the same restrictions at the new prison. The Court …

Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial

by David Reutter

On April 16, 2026, the Michigan Court of Appeals found a trial court abused its discretion by ordering that a prosecution witness appear before a jury wearing jail clothes. The Court concluded that the principle of creditability fairness that applies to a defendant also applies …

Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case

by David Reutter

On March 26, 2026, the United States Court of Appeals for the Sixth Circuit affirmed the denial of qualified immunity under Michigan law in a gross negligence claim related to a scabies infestation at a women’s prison. The Court also affirmed the grant of qualified …

Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time

by David Reutter

On March 13, 2026, the U.S. Court of Appeals for the Fourth Circuit found material issues of disputed facts were present in a South Carolina prisoner’s Eighth Amendment claim that alleged the disabled prisoner was confined to a cell and denied out-of-cell exercise time. The …

Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme

by David Reutter

On July 29, 2025, the Court of Appeals of the State of Washington, Division II, affirmed the conviction of a guard who conspired to be shot. The Court rejected the guard’s defense that because he was the victim of an assault and drive-by shooting he …

Fourth Circuit Revives Deliberate Indifference Claim for Baltimore Detainee Served Rotten Food

by David Reutter

On July 23, 2025, the U.S. Court of Appeals for the Fourth Circuit reversed dismissal of a pretrial detainee’s civil rights complaint that alleged he was served “rotten and unsafe food” and denied the ability to engage in Jum’ah (Friday prayer). The matter was remanded …

Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable

by David Reutter

On August 6, 2025, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a prisoner’s medical Federal Tort Claims Act (FTCA) and Eighth Amendment claims for the failure to exhaust administrative remedies. The district court erred in finding the prisoner responsible …

Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim

by David Reutter

On August 4, 2025, the U.S. Court of Appeals for the Tenth Circuit affirmed the denial of qualified immunity to two jail guards who refused to assist a pretrial detainee after he fell out of his wheelchair and requested medical assistance.

Ralph M. Hardy …

Help Wanted: 31,000 Prison Guard Jobs Open Nationwide

The efficiency and functionality of every enterprise rests largely upon the staff put in place to carry out its operations. But at the heart of the most dysfunctional prisons PLN has reported on over the last 35 years is one common denominator: Understaffing. Nationwide, there are an estimated 31,000 …

Fifth Circuit Greenlights Federal Takeover of Mississippi Jail

The U.S. Court of Appeals for the Fifth Circuit approved the appointment of a receiver to oversee operations of the Raymond Detention Center (RDC) in Hinds County, Mississippi. The district court’s action was a contempt sanction imposed for the County’s repeated failures to comply with a consent decree.