by David M. Reutter
The Ohio Supreme Court has approved new rules that allow state courts to restrict public access to court documents or entire case files if deemed necessary.
The new rules, which have an effective date of July 1, 2009, are codified in Rules 44 to 47 of ...
Florida Judge Criticizes State’s Efforts to Seize Prisoner’s Federal Civil Rights Judgment
by David M. Reutter
In a concurring opinion that affirmed the imposition of a “civil restitution” lien of $50 per day for a prisoner’s cost of incarceration, a Florida appellate court judge said he was “troubled” by the ...
New York Jury Awards $1,400,006 to Former Prisoner for Beating by Guards; Punitive Damages Later Reduced
by David M. Reutter
A New York federal jury awarded $1,400,006 to a former prisoner in a lawsuit alleging two beatings by state prison guards. The U.S. District Court reduced the punitive damages award ...
Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied
by David M. Reutter
The Eleventh Circuit Court of Appeals held that prison officials who open legal mail outside of a prisoner’s presence are not entitled to qualified immunity in a lawsuit alleging that such ...
$1 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement
by David M. Reutter
A $1 million settlement fund has been established in a class action lawsuit alleging an unconstitutional blanket strip search at the Hidalgo County Detention Center (HCDC) in New Mexico violated the rights of the ...
Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts
by David M. Reutter
The Hawai’i Supreme Court has held that prison officials have no statutory authority to divide a prisoner’s trust account into two accounts, one of which was restricted as to withdrawals. More importantly, ...
by David M. Reutter
“I believe in personal redemption, that people can learn from their mistakes, and that people who take those lessons to heart and apply them to their lives deserve a second chance," proclaims Florida Governor Jeb Bush. The veracity of that proclamation is shattered by examining the ...
By David M. Reutter
A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of second-degree murder, conspiracy to commit aggravated battery on a prisoner, official ...
Economic Crisis Prompts Prison Closures Nationwide, but Savings (and Reforms) are Elusive
by David M. Reutter
With the current economic crisis adversely affecting state tax revenues, lawmakers across the nation are seeking ways to cut costs and slash spending. Many states have proposed reducing their prison budgets by closing correctional ...
by David M. Reutter
Before the Michigan Department of Corrections closed the Southern Michigan Correctional Facility (SMCF) in late 2007 to avoid further litigation in the long-running class action known as Hadix, the federal judge overseeing the case and lawyers representing prisoners argued that closing SMCF would not only transfer ...
