Skip navigation

Articles by David Reutter

Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion

by David Reutter

The U.S. Court of Appeals for the Fourth Circuit reversed a grant of summary judgment while a dispositive spoliation of evidence motion was pending. The spoliation motion sought sanctions for the failure to produce video of the incident at issue.

While imprisoned in July …

Nevada Prisoners, Families Call Out Predatory Tablet Program

by David Reutter

For prisoners, having access to electronic technology is a privilege that helps make doing time an easier task. The ability to listen to one’s favorite music, watch a movie on demand or to play a game helps reduce the drudgery of just lying or sitting …

Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims

by David Reutter

The U.S. Court of Appeals for the Eighth Circuit reversed the denial of qualified immunity (QI) to guards for the pepper ball spraying of a pretrial detainee. The Court affirmed denial of QI to guards on the detainee’s remaining excessive force claims.

Bradley Bolin …

Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips

by David Reutter

The U.S. Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment in a prisoner’s civil rights action alleging strip searches he was subjected to had infringed upon his constitutional rights. The Court held that it was not clearly established that prison …

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 …