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Articles by David Reutter

Seventh Circuit: Attorney’s Submission of Illinois Prisoner’s Grievance Exhausts Administrative Remedies

by David M. Reutter

The U.S. Court of Appeals for the Seventh Circuit on January 11, 2023, affirmed a district court ruling that when an Illinois prisoner’s attorney submitted his grievances to the appropriate administrative office on time, his administrative remedies were exhausted, as required by the Prison Litigation Reform ...

Seventh Circuit: Low IQ and Segregation Placement May Render Administrative Remedies Unavailable to Indiana Prisoner

by David M. Reutter

On February 3, 2023, the U.S. Court of Appeals for the Seventh Circuit reinstated an Indiana prisoner’s civil rights complaint that had been dismissed because he failed to exhaust administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. The Court ...

Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus

by David M. Reutter

The U.S. Court of Appeals for the Tenth Circuit, in a mixed ruling issued on January 11, 2023, found a prisoner’s allegations satisfied the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. The Court found that because the injuries required ...

Fourth Circuit Revives Virginia Prisoner’s Challenge to Discipline for Allegedly Sexually Harassing Guard

by David M. Reutter

On February 3, 2023, the U.S. Court of Appeals for the Fourth Circuit reversed a lower court’s grant of summary judgment to Virginia prison officials, in a civil rights complaint by a state prisoner alleging a guard falsely accused him of sexual harassment and supervisors refused ...

Georgia Prisoner Allowed to Proceed on Section 1983 Claim Seeking Execution by Firing Squad

by David M. Reutter

On January 30, 2023, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit rebuffed Georgia Department of Corrections (DOC) officials who wanted to execute a condemned prisoner by lethal injection. Instead, the Court found that Michael Wade Nance offered a plausible ...

California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served

by David M. Reutter

On March 28, 2023, the CaliforniaThird District Court of Appeals ordered a lower court to recalculate a prisoner’s custody credits for time spent in a facility to bring the defendant back to competency. The Court’s ruling follows one almost a year earlier by the state Court ...

$1.325 Million Settlement after Virginia Detainee’s Opiate Withdrawal Ignored in Jail

by David Reutter

On January 31, 2023, the U.S. District Court for the Eastern District of Virginia approved a $1.325 million settlement in a suit brought by the estate of Darryl Terrell Becton against the Arlington County Sheriff’s Office and its private healthcare contractor at the Arlington County Detention Facility ...

California Appeal Court Won’t Let Prisoner Use Legal Mail to Send “Kites”

by David M. Reutter

On January 12, 2023, California’s Sixth District Court of Appeal concluded that attorney-client privilege did not apply to a state prisoner’s “kites,” even when included in an envelope addressed to his attorney. Written messages sent in violation of jail rules, the kites were ordered turned over ...

Ninth Circuit Says Arizona DOC Policy Cannot Be Used to Censor Prisoner’s Free Expression

by David Reutter 

An Arizona prisoner’s civil rights claim is headed to trial in June 2023, after the U.S. Court of Appeals for the Ninth Circuit reinstated it, saying his prison’s policy on material he is allowed cannot be applied inconsistently without trampling his First Amendment liberties.

The suit was ...

Eighth Circuit Requires Source-of-Funds Finding Before Allowing BOP to Raid Account of Federal Prisoner in Missouri

by David M. Reutter

In a decision reached on August 10,2022, the U.S. Court of Appeals for the Eighth Circuit stayed the hand that the federal Bureau of Prisons (BOP) had reached into the pocket of a federal prisoner in Missouri. Though ultimately Anthony Robinson lost nearly all of the ...