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Articles by David Reutter

Uproar Over Background Checks for BP Oil Spill Workers Following Rape Allegation Against Sex Offender

by David M. Reutter

A brouhaha has erupted in Mississippi after an unregistered sex offender, who was working on the BP oil spill cleanup, was charged with raping a co-worker. The uproar revolves around the failure to perform background checks.

Rundy Charles Robertson, 41, was supervising a crew of cleanup ...

Six Florida Jail Staff Arrested in Contraband Smuggling Probe

by David M. Reutter

An on-going investigation into contraband smuggling at Florida’s Broward County Jail in Fort Lauderdale has resulted in the arrest of five guards and a contract nurse.

Following months of witness interviews and a review of phone records, detectives arrested jail guards Salisia Pascoe, 30, Kiara Walker, ...

No Time Limit for Defendants to Raise a PLRA Defense

by David M. Reutter

On May 17, 2010, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to prison officials on the eve of trial, holding it was an abuse of discretion to grant the oral motion for summary judgment so late in the proceedings. ...

Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes

by David M. Reutter

The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s complaint.

Before the Eleventh Circuit was the appeal of Georgia prisoner Tracy A. Miller, incarcerated ...

Withdrawal of Guilty Plea Required for Washington Prisoner

By David M. Ruetter

The State of Washington Court of Appeals has held that a defendant is entitled to withdraw a guilty plea where he was not informed that he could not earn early release credits during the mandatory minimum portion of his sentence.

Before the Court was the Personal ...

Transferred Prisoners Subject to Receiving State’s Confinement Conditions Under Interstate Compact Rule

By David M. Ruetter

A Vermont state court has held that a prisoner transferred under the Interstate Corrections Compact (ICC) is subject to the confinement conditions of the receiving state, and the sending state has no authority to resolve disputes over those conditions.

The ruling came in an action filed ...

Death Sentence Affirmed for Florida Prisoner Convicted in Guard’s Death During Botched Escape

By David M. Reutter

The Florida Supreme Court has affirmed the death sentence of a prisoner convicted in the murder of a guard during a botched prison escape. Stephen Smith and his codefendants, Dwight Eaglin and Michael Jones, were convicted for first-degree murder of Charlotte Correctional Institution (CCI) guard Darla ...

Alaska Prisoner’s Action to Overturn DR Not Moot if Relief Sought Greater than Obtained

By David M. Reutter

The Alaska Supreme Court has held that a prisoner’s action to reverse a disciplinary charge is not moot where the relief sought is greater than that afforded by prison officials.

Before the Court was the appeal of Alaska prisoner Henry J. Bauer, who received a disciplinary ...

All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee

By David M. Reutter

The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, in which, if successful, the complaining party’s claim would directly affect his or her time ...

GEO Group Acquires Electronic Monitoring Firm for $415 Million

by David M. Ruetter

The GEO Group, the nation’s second-largest private prison company, announced on December 21, 2010 that it will pay $415 million in an all-cash deal to acquire Behavioral Interventions, Inc. (BI). The purchase allows GEO to expand beyond detention services into the area of community supervision.

BI ...