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Articles by David Reutter

Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner

by David M. Reutter

On April 24, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed a lower court and granted qualified immunity (QI) to officials with Missouri’s Department of Corrections (DOC) in a state prisoner’s complaint accusing them of violating his due process rights with a false ...

Unsealed Settlement Reveals PrimeCare Medical Paid $337,500 After Pennsylvania Prisoner’s Suicide

by David M. Reutter

On July 12, 2023, the U.S. District Court for the Eastern District of Pennsylvania unsealed the settlement agreement between PrimeCare Medical and the Estate of Charles Freitag.

As PLN reported, Freitag, 57, committed suicide on August 25, 2018, at the Bucks County Correctional Facility (BCCF), one ...

Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee

by David M. Reutter

On August 15, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal of a paraplegic Arkansas jail detainee’s deliberate indifference and conditions of confinement claims, while reviving claims under the American with Disabilities Act (ADA), 42 U.S.C. ch. 126 § 12101 et. seq.

The ...

Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000

by David M. Reutter

On August 7, 2023, the U.S. Court of Appeals for the Seventh Circuit reversed summary judgment for Defendant Wisconsin prison officials in a prisoner’s lawsuit that alleged a due process violation when he was deprived of an impartial disciplinary hearing decision maker.

Terrance Prude helped a ...

Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard

by David M. Reutter

On August 14, 2023, the U.S. District Court for the Middle District of Florida awarded a permanent injunction to state prisoner Owen D. Denson, a Muslim known as Abdul Hakeen Jahmal Naseer Shabazz, permitting him to “maintain an untrimmed beard” without being “subject to any disciplinary ...

Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit

by David M. Reutter

On August 24, 2023, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s orders granting California prisoners a pair of 12-month extensions to a Settlement Agreement reached in 2015 with the state Department of Corrections and Rehabilitation (CDCR) to end the practice ...

BOP Pays $40,000 to Prisoner Sexually Assaulted at Florida Lockup by Guard, Who Must Pay Her $1 Million

by David M. Reutter

Back in June 2022, the federal Bureau of Prisons (BOP) agreed to pay $40,000 to settle a lawsuit filed by a prisoner repeatedly subjected to sexually assault by a guard at the Federal Correctional Institution (FCI) in Mariana, Florida. But the settlement with “Jane Doe” specifically ...

Suit Filed After Mentally Ill Detainee Starves to Death in Miami Jail

by David M. Reutter

A civil rights action filed in U.S. District Court for the Southern District of Florida on July 1, 2023, alleged that officials at Miami-Dade County’s Turner Guilford Knight Correctional Center (TGKCC) were deliberately indifferent to the serious medical needs of pretrial detainee Randy Heath, whose death ...

Nevada Prisoner Strikes Out in Access-to-Courts Claim

On August 18, 2023, the U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment for officials with the Nevada Department of Corrections (DOC) in a prisoner’s claim that it limited his access to courts. The Court’s ruling maintains a perfect score for prison officials facing such challenges across ...

Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip

by David M. Reutter

On August 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit reversed dismissal of a claim alleging two guards at Florida’s Polk County Jail (PCJ) interfered with Ricky Lee Christmas’ First Amendment right to communicate freely and confidentially with his attorneys by forcing him ...