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Articles by David Reutter

Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable

by David Reutter

On August 6, 2025, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a prisoner’s medical Federal Tort Claims Act (FTCA) and Eighth Amendment claims for the failure to exhaust administrative remedies. The district court erred in finding the prisoner responsible …

Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim

by David Reutter

On August 4, 2025, the U.S. Court of Appeals for the Tenth Circuit affirmed the denial of qualified immunity to two jail guards who refused to assist a pretrial detainee after he fell out of his wheelchair and requested medical assistance.

Ralph M. Hardy …

Help Wanted: 31,000 Prison Guard Jobs Open Nationwide

The efficiency and functionality of every enterprise rests largely upon the staff put in place to carry out its operations. But at the heart of the most dysfunctional prisons PLN has reported on over the last 35 years is one common denominator: Understaffing. Nationwide, there are an estimated 31,000 …

Fifth Circuit Greenlights Federal Takeover of Mississippi Jail

The U.S. Court of Appeals for the Fifth Circuit approved the appointment of a receiver to oversee operations of the Raymond Detention Center (RDC) in Hinds County, Mississippi. The district court’s action was a contempt sanction imposed for the County’s repeated failures to comply with a consent decree.

Ninth Circuit Revives Prisoner’s Claim Based on Guard’s 
Thwarting of Administrative Remedies

The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of a prisoner’s civil rights action for the failure to exhaust administrative remedies. The Court found the prisoner was “reliably informed” by a prison grievance coordinator that the remedy was “not available to him.”

The appeal …

Tenth Circuit Ruling Paves Way for $2.7 Million Settlement 
for Intellectually Disabled Jail Detainee Raped by Sheriff

In a settlement reached on December 20, 2024, Colorado’s Sedgwick County agreed to pay $2.7 million to Peatinna Biggs, an intellectually disabled former detainee in the county jail who was raped by the Sheriff during transport. The County initially beat back claims for any liability in the U.S. District …

Ninth Circuit Agrees That Former Guantanamo Detainee 
Lacks Grounds to Sue for Waterboarding

On June 30, 2025, the U.S. Court of Appeals for the Ninth Circuit affirmed dismissal of a complaint filed by Abu Zubaydah, 52, a falsely accused Al-Qaeda conspirator captured after the terrorist attacks on September 11, 2001, who is still being held without charges as an “enemy combatant” by …

Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay 
for Non-Medical Reasons

The U.S. Court of Appeals for the Eighth Circuit affirmed the denial of qualified immunity to a prison doctor who delayed the scheduling of a prisoner’s MRI due to the prisoner’s upcoming parole hearing and the possibility of a grant of parole.

Iowa prisoner Travis Dantzler sued Dr. …

Ninth Circuit: Continuing-Violations Doctrine Applies 
for PLRA Administrative Exhaustion Purposes

On December 31, 2024, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner “need not file repeated grievances if the (prisoner) has identified one continuing harm or a single course of conduct [of] which later events are a part.” In other words, the Court adopted …

Oregon Prisoners Can Now Seek Economic Damages 
for Future Lost Income More Easily

On January 30, 2025, the Supreme Court of Oregon held that prisoners seeking to state a claim for economic damages in the form of future lost income need not plead an “enforceable right” to future employment and that the lack of a legal right to employment is not an automatic preclusion to such a claim.

Prisoner Arnold R. Huskey sued the Oregon Department of Corrections (DOC) and others for breach of contract and civil rights violations. Among other things, Huskey sought damages based on lost future wages and employment opportunities. Years prior, Huskey sued DOC and obtained a settlement agreement that purportedly involved DOC orally agreeing not to retaliate against Huskey.

The settlement was the contract underlying the breach of contract action. The breach was based on DOC allegedly violating its oral promise by creating, without Huskey’s permission, training videos that included footage of him and portrayed him in a negative manner. As a result, Huskey suffered $11,640 in economic damages due to DOC officials denying him job assignments, training, and other income-generating opportunities.

The trial court accepted the defendant’s argument to dismiss the action, finding that economic damages could not be pleaded by Huskey because …