by David M. Reutter
On May 24, 2022, the U.S. Court of Appeals for the Ninth Circuit denied a request for rehearing en banc of a case brought on behalf of a detainee at California’s Orange County Jail (OCJ) who died of an undiagnosed rupture in his aorta. See: Russell …
by David M. Reutter
In May 2022, after a ruling in his favor by the U.S. Court of Appeals for the Ninth Circuit, a former California prisoner accepted a settlement over an alleged assault by guards at Mule Creek State Prison. Importantly, the Court’s ruling held that a grievance alleging …
by David M. Reutter
In October 2022, the federal court for the Southern District of Indiana confirmed payment to a state prisoner of $30,501 in damages, which was awarded for retaliation he suffered when seeking protection from other prisoners.
The prisoner, Jason Seth Perry, was held at Wabash Valley Correctional …
by David M. Reutter
On March 28, 2022, the U.S. Court of Appeals for the Eight Circuit ruled that money may not be withdrawn from a federal prisoner’s trust account, even to satisfy court-ordered restitution, without first determining the source of the funds.
The Court’s decision concerned the strange case …
by David M. Reutter
On May 23, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner whose complaint was dismissed for failure to exhaust administrative remedies need not file a new suit after completing that task. Rather, a supplemental pleading is sufficient, the Court said, …
by David M. Reutter
Is it unconstitutional to deprive a mentally ill prisoner of exercise for three years? In Illinois, the answer is no, according to two of three judges on a panel for the U.S. Court of Appeals for the Seventh Circuit – a decision the full Court then …
by David M. Reutter
On November 21, 2021, a federal lawsuit filed by an Illinois prisoner against officials with the state Department of Corrections (DOC) was dismissed, after the state agreed to pay $3,500 to settle his claims that staff’s persistent refusal to provide proper medical care for an arm …
by David M. Reutter and Ed Lyon
On September 6, 2022, the Richland County Court of Common Pleas granted an injunction in a challenge brought by four condemned South Carolina prisoners to 2021 state legislation making electrocution the default method of execution unless a prisoner opts instead for lethal injection …
by David M. Reutter
On April 28, 2022, the Michigan Supreme Court held that possession of a cell phone by a prisoner may not justify an enhanced sentence under the state criminal code unless the facts also establish that the prisoner’s conduct actually threatened prison security. That drew a sharp …
by David M. Reutter
On May 26, 2022, the SupremeCourt of North Dakota vacated a state prisoner’s conviction for aggravated assault of a guard because the trial court committed error by instructing the jury on the wrong law under which he was charged.
While held at the North Dakota State …
