by David M. Reutter
In June 8, 2023, the Supreme Court of Appeals of West Virginia held that the Medical Professional Liability Act (MPLA), W. Va. Code §§ 55-7B-1 to 12, does not apply to the state Division of Corrections and Rehabilitation (DCR).
Before the court was …
by David M. Reutter
On July 31, 2023, the U.S. Court of Appeals for the Eleventh Circuit rejected an argument by the Florida Department of Corrections (DOC) that a state prisoner’s suit should be dismissed because he was required to file a Petition to Initiate Rulemaking before proceeding …
by David M. Reutter
On December 20, 2022, the Texas Department of Criminal Justice (TDJC) said that a prisoner reported missing the day before at the Stiles Unit in Beaumont had been “found within the prison’s perimeter fence.” But in a letter to PLN, fellow prisoner David W. …
by David M. Reutter
As of March 2023, a long-term California prisoner now paroled had received settlements totaling $26,500 in two lawsuits that alleged his First Amendment rights were violated when prison officials took retaliatory actions because of grievances and litigation he filed.
The most recent victory …
by David M. Reutter
On May 1, 2023, the U.S. Court of Appeals for the Sixth Circuit reversed the grant of summary judgment to a NaphCare nurse accused of deliberate indifference to a pretrial detainee’s sickle cell disease that resulted in his death at Ohio’s Hamilton County Justice …
by David M. Reutter
On May 17, 2023, the U.S. Court of Appeals for the Eleventh Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997 e, does not apply to an action filed in state court and removed to federal court by the defendants. …
by David M. Reutter
On August 14, 2023, the federal court for the Southern District of Florida issued its latest ruling in a long-running case brought by detainees at the Broward County Jail exposed to a risk of COVID-19 infection during the pandemic. Overruling Plaintiffs’ objections, the Court …
by David M. Reutter
On May 25, 2023, the Supreme Court of the United States (SCOTUS) held that a post-trial motion is required only to preserve findings of fact for appellate review—not a purely legal question resolved at summary judgment. The high court accepted the case on January …
by David M. Reutter
On May 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed dismissal of a Texas prisoner’s civil rights complaint that alleged prison staff delayed and impeded his access to emergency medical care after the onset of his stroke symptoms. The Court …
by David M. Reutter
On May 4, 2023, the U.S. Court of appeals for the Seventh Circuit reversed the grant of summary judgment against a federal prisoner in Indiana who claimed he was subjected to a physical assault for filing grievances. But the Court affirmed judgment on two …
