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Articles by David Reutter

Jail’s Failure to Protect Juvenile from Sexual Assault Supports $25,000 Verdict

by David Reutter

The Tenth Circuit Court of Appeals affirmed a $25,000 verdict in a civil rights action alleging the sheriff in Tulsa County, Oklahoma was deliberately indifferent to conditions that resulted in a 17-year-old prisoner being repeatedly sexually assaulted by a guard.

The lawsuit concerned events that occurred between ...

Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable

by David Reutter

The Seventh Circuit Court of Appeals held that an Indiana federal district court erred in dismissing a prisoner’s civil rights action for failure to exhaust administrative remedies. The Court held the record indicated the prisoner was prevented from filing a grievance due to mixed or improper instructions ...

New Orleans Parish Court System has Unconstitutional Funding Practices

by David M. Reutter

In December 2017, a Louisiana federal district court declared that the Orleans Parish Criminal District Court (OPCDC) had violated the constitutional rights of defendants by jailing them for failure to pay fines and fees without first determining their ability to pay. The federal court further found ...

Privacy Interests Outweigh Public Interest in Disclosure of AUSA Termination Letter

by David Reutter

The District of Columbia Court of Appeals held that privacy interests in not disclosing a 20-year-old proposed termination letter for a previous Assistant U.S. Attorney (AUSA) outweighed the pubic interest under exemption 5 U.S.C. § 552(6)(6).

Howard Bloomgarden, represented by attorney Torrence E.S. Lewis, filed a Freedom ...

Federal Judge Voids Contract Between Death Row Exoneree and Attorney

by David Reutter

A North Carolina federal district court has voided a contract between death row exoneree Henry McCollum and his lawyer. The court’s unusual move was based on evidence that due to his low IQ, McCollum was vulnerable to manipulation.

As previously reported in PLN, McCollum and his brother, ...

Georgia Medical Prison Rife with Dysfunction, Abuse and Dilapidated Conditions

by David Reutter

Poor sanitation, asbestos contamination, leaky roofs, inadequate health care, the loss of a top doctor frustrated with it all – those are just some of the problems that have plagued Georgia’s Augusta State Medical Prison (ASMP). Plus incidents of brutality by guards.

“These prisoners are often selected ...

Illinois: $4.75 Million Settlement in Jail Seizure Injury Case

by David Reutter

Cook County, Illinois has paid $4.75 million to settle a federal lawsuit alleging it failed to provide doctor-ordered accommodations for a pretrial detainee who suffered seizures.

In October 2014, Michael Joseph Borys was booked into the Cook County Jail on a misdemeanor charge. He was seen by ...

Lawsuit, Ballot Initiative Seek to Reform Felon Disenfranchisement in Florida

by David M. Reutter

In 1868, in response to the abolition of slavery following the Civil War (except for prisoners), Florida enshrined in its constitution the permanent disenfranchisement of people convicted of a felony. The deprivation of felons’ voting rights was combined with Black Codes that criminalized offenses state lawmakers ...

Michigan Department of Corrections Foregoes Privatized Food Services

by David M. Reutter
After enduring five years of poor service, inadequate staffing and several scandals with its privatized food-service vendors, Michigan has decided to bring its prison services back into government service.
“As the contract with Trinity was approaching its end, we took the opportunity to re-examine our operations,” ...

FRCP Rule 25 Allows for Extension of Time to Substitute Party Upon Death

by David Reutter

The Eleventh Circuit Court of Appeals has reversed a Florida federal district court’s order denying a motion to reopen a case and substitute parties due to the death of the original plaintiff. The district court erred in finding it could not extend the 90-day time period for ...