by David M. Reutter
California’s San Luis Obispo County entered into a settlement agreement with the U.S. Department of Justice (DOJ) on June 23, 2021, resolving alleged violations at the county jailof the Americans with Disabilities Act (ADA), 42 U.S.C. ch. 126, § 12101 et seq.
DOJ initiated an investigation ...
By David M. Reutter
Granting qualified immunity (QI) to acting Kentucky Department of Corrections (DOC) Commissioner James Erwin on October 8, 2021, the U.S. Court of Appeals for the Sixth Circuit said he did not have supervisory liability for a state prisoner’s death allegedly caused by the negligence of privately ...
by David M. Reutter
On January 20, 2022, the U.S. Court of Appeals for the Federal Circuit held that the Department of Veterans Affairs (VA) may make a post-incarceration decision to reduce benefits retroactively for a veteran imprisoned over the statutory minimum period, which is currently 60 days.
Before the ...
by David M. Reutter
In a decision reached on February 4, 2022, the Michigan Supreme Court handed the state chapter of the American Civil Liberties Union (ACLU) a light to shine on the detention of a native U.S. citizen and Marine Corps veteran who was apprehended by federal Immigration and ...
by David M. Reutter
Finding that two guards at Florida’s Bay County Jail (BCJ) did “essentially nothing to prevent” a pretrial detainee from committing suicide, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s denial of qualified immunity (QI) to them on February 15, 2022.
The ...
by David M. Reutter
In September 2021, after closing out a $10 million settlement in a class-action suit alleging its county jail violated the privacy rights of detainees by making their expunged criminal records available online, Bucks County, Pennsylvania was left with about $80,000 in unclaimed funds when fewer claims ...
by David M. Reutter
Fresh off a court victory that held “state contracts with a public entity” require private firms hired by the Vermont Department of Corrections (DOC) to release records relating to legal actions and settlements, PLN’s publisher, the Human Rights Defense Center (HRDC), sued Centurion of Vermont ...
by David M. Reutter
On June 10, 2022, the Nebraska Department of Correctional Services (DCS) agreed to pay $40,000 and make several policy changes to resolve a lawsuit filed by the Human Rights Defense Center (HRDC), publisher of PLN, challenging the agency’s publications policy.
HRDC sued DCS in federal ...
David M. Reutter
For prison officials and healthcare providers who refused to grant an Illinois prisoner an exemption from wearing “black box restraints” during medical transport, a federal district court in the state also refused to find an Eighth Amendment violation, and the U.S. Court of Appeals for the Seventh ...
by David M. Reutter
On February 8, 2022, the U.S. Court of Appeals for the Seventh Circuit denied a petition for the full court to rehear en banc a decision by a three-judge panel three months earlier vacating a lower court’s $8 million award to an Illinois prisoner against private ...
