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Articles by David Reutter

$500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days

by David M. Reutter

On June 14, 2023, the Colorado Department of Corrections (DOC) agreed to pay $500,000 to resolve a state prisoner’s allegation that his Eighth Amendment guarantee of freedom from cruel and unusual punishment was violated when he was restrained and isolated in a “dry cell” without running ...

$125,000 Settlement for Wisconsin Prisoner’s Claim That Guards Set Him Up For Stabbing

Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose

by David M. Reutter

On October 19, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed denial of qualified immunity (QI) to officials at St. Louis’ “Workhouse” jail in a suit over a detainee’s fatal overdose, finding the lower court “tilted the scales too far in the plaintiff’s ...

$10 Million Reimbursed for Vacated Washington Drug Possession Convictions

by David M. Reutter

In September 2023, just two months into a program to rebate fines and fees for vacated drug convictions, Washington state courts had paid out more than $9.4 million. That’s nearly 20% of a $50 million fund created by state lawmakers after the state Supreme Court found ...

Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up

by David M. Reutter

On October 26, 2023, the Supreme Court of Wyoming held that the federal Public Readiness and Emergency Preparedness (PREP) Act shielded the state from liability in a lawsuit alleging a nurse negligently injected three prisoners with a COVID-19 vaccine other than the one listed on the ...

Dismissal Affirmed of Florida Prisoner’s Claim for Exposure to Human Waste

by David M. Reutter

On December 11, 2023, the Supreme Court of the U.S. declined to issue a writ of certiorari to hear a Florida prisoner’s appeal to a decision by the U.S. Court of Appeals for the Eleventh Circuit, finding no constitutional violation by exposure to urine and feces ...

Ohio Supreme Court Orders Records Produced for State Prisoner

by David M. Reutter

On November 7, 2023, the Supreme Court of Ohio rebuffed a request from the office of state Attorney General Dave Yost (R) to reconsider a grant of a state prisoner’s mandamus action. That left to stand the Court’s earlier order issued on August 31, 2023, requiring ...

$25.2 Million Settlement for Two Connecticut Prisoners Exonerated After 35 Years

by David M. Reutter

A unanimous vote by Connecticut’s House Committee on Judiciary on March 1, 2024, all but assured state lawmakers would approve an agreement made in August 2023 by state Attorney General William Tong (D) to pay a total of $25.2 million to Ralph “Ricky” Birch, 67, and ...

Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits

by David M. Reutter

On October 12, 2023, the U.S. Court of Appeals for the Second Circuit affirmed the grant of summary judgment to Defendant officials with New York’s Department of Corrections and Community Supervision (DOCCS) in a state prisoner’s civil rights action. The Court recognized that Steven Bangs had ...

West Virginia Supreme Court Orders Prison Officials to Develop Good-Time Credit Policy

by David M. Reutter

On October 16, 2023, the Supreme Court of Appeals of West Virginia reversed denial of mandamus relief to a prisoner and compelled the Commissioner of the state Division of Corrections and Rehabilitation (DCR) to “develop a policy directive and/or operational procedure that is in compliance” with ...