by David M. Reutter
The Eleventh Circuit Court of Appeals held that “the entry of a permanent injunction is necessary to prevent a preliminary injunction from expiring by operation of law after 90 days under the PLRA’s (Prison Litigation Reform Act) ‘unless’ clause.” That holding resulted in the …
by David M. Reutter
The Sixth Circuit Court of Appeals affirmed the dismissal of a prisoner’s civil rights complaint because it was filled with “pages of irrelevant and unspecific allegations.” The Court said that in drafting a complaint, a “plaintiff must not append so many limbs and outward …
by David M. Reutter
The Third Circuit Court of Appeals reversed the grant of summary judgment in a lawsuit against a guard at New Jersey’s Cumberland County Jail (CCJ). The Court held the guard was not entitled to qualified immunity because it was clearly established at the time …
by David M. Reutter
On June 17, 2021, Southern Health Partners paid $750,000 to resolve a lawsuit alleging it failed to take proper steps in caring for a pretrial detainee who entered South Carolina’s Marlboro County Jail with a prescription drug addiction.
Roy Locklear, 30, had a …
by David M. Reutter
An Arkansas federal district court issued a preliminary injunction that bars the Arkansas Department of Corrections (ADC) from carrying out a state law that confiscates prisoners’ stimulus money and distributes it to the state.
The Court’s September 3, 2021, order was issued in …
by David M. Reutter
Clayton County Sheriff Victor Hill was suspended by Georgia Gov. Brian Kemp following the review of a federal civil rights indictment that charged Hill with ordering excessive use of force against detainees.
Kemp’s June 2, 2021 administrative order was issued after a commission …
by David M. Reutter
The Sixth Circuit Court of Appeals, in an unpublished opinion, held that the Kentucky Department of Corrections (KDOC) policy of refusing to provide Direct-Acting Antivirals (DAAs) to all prisoners infected with hepatitis C virus (HCV) is constitutional. The Court found that because KDOC provides …
by David M. Reutter
An international group of hackers gained access to the security cameras at 68 organizations that use Silicon Valley start-up Verkada, Inc. They got into cameras at schools, prisons, police departments, hospitals, and other companies.
The incident was reported in March 2021 after a …
by David M. Reutter
The Vermont Supreme Court concluded that under the Public Records Act (PRA) when “the state contracts with a private entity to discharge the entirety of a fundamental and uniquely governmental obligation owed to its citizens, that entity acts as an ‘instrumentality’ of the State.” …
by David M. Reutter
The Second Circuit Court of Appeals reversed the dismissal of a former federal prisoner’s complaint brought pursuant to the Federal Tort Claims Act (FTCA). The court concluded that a state rule that requires an affidavit of merit to state a claim for medical negligence …