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Articles by David Reutter

$875,001 Verdict in Beating of Massachusetts Prisoner

by David M. Reutter

Finding that a guard at Massachusetts’ Suffolk County House of Correction (SCHC) had violated a prisoner’s Eighth Amendment rights and committed assault and battery, a federal jury awarded the prisoner $875,001 in damages.

The 121-page complaint in this U.S. District Court action named 54 plaintiffs and …

Florida U.S. District Court Rescinds Policy Restricting Access to Plea Agreements

Florida U.S. District Court Rescinds Policy Restricting Access to Plea Agreements

by David M. Reutter

The Chief Judge for the U.S. District Court for the Southern District of Florida has entered an order that rescinds a previous policy of limiting access to plea agreements in criminal cases. The former …

Ohio Supreme Court Restricts Public Access to Court Records

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

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” …

New York Jury Awards $1,400,006 to Former Prisoner for Beating by Guards; Punitive Damages Later Reduced

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 …

Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied

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 …

$1 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement

$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 …

Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts

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 …

Another Murder by Florida Guards, Another Acquittal

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 …

Florida Legislature Proposes Automatic Restoration of Felons’ Civil Rights

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 …