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Articles by David Reutter

$30,000 Paid by Michigan to Prisoner Wrongfully Classified as Sex Offender

by David M. Reutter

On March 6, 2023, a Michigan prisoner dismissed his complaint against officials with the state Department of Corrections (DOC) after agreeing to accept $30,000 to settle claims that he suffered the “stigmatizing consequences” of being falsely classified as a sex offender.

In January …

Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process

by David M. Reutter

On March 29, 2023, the U.S. Court of Appeals for the Fourth Circuit raised the high bar a prisoner must clear in civil rights litigation just a little bit higher. It held that a federal prisoner must exhaust both internal and external remedies before …

Second Circuit Affirms Denial of Qualified Immunity to N.Y. Prison Official Who Imposed Post-Release Supervision on Prisoner – But Reverses Damages Award

by David M. Reutter

On March 23, 2023, the U.S. Court of Appeals for the Second Circuit held it was not error to deny qualified immunity (QI) to a New York prison official who “affirmatively decided” not to heed a federal court decision that it was unconstitutional to …

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 …

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. …

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 …

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 …

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 …

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 …

$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 …