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Articles by David Reutter

Forced Shaving of Muslim Colorado Prisoner’s Beard Unconstitutional

by David M. Reutter

The Tenth Circuit Court of Appeals reversed the dismissal of a Colorado prisoner’s 42 U.S.C. § 1983 action alleging a guard violated his First and Fourteenth Amendment rights by forcing him to shave off his beard. The court found the prisoner’s complaint stated a …

PREA: Tackling the Nightmare of Prison Rape

by David M. Reutter

Movies and television often dramatize prison for entertainment purposes, and just as often the dramatizations are unrealistic. One aspect of prison life that cannot be overly dramatized—and is a reality for many of the imprisoned—is the prospect of being raped. For decades now, PLN

Protective Order Issued in Florida Solitary Confinement Lawsuit

by David M. Reutter

A Florida federal district court granted a protective order to protect “putative class members from retaliatory, chilling, or harassing conduct” and to prohibit “Defendants from improperly communicating with putative class members about th[e] lawsuit.” The court’s February 8, 2021, order was issued in a …

Georgia Enacts Massive Probation Reform Bill

by David M. Reutter

A bill that went into effect on July 1, 2021, allows individuals to access termination of felony probation after three years if they meet certain requirements. The bill impacts up to a quarter of Georgia’s current probationers, creating a huge savings for taxpayers.

Eighth Circuit Reverses Dismissal of HRDC Postcard-Only Suit Against Arkansas Jail

by David M. Reutter

The Eighth Circuit Court of Appeals ruled that the postcard only policy of the Baxter County, Arkansas Jail and Detention Center (BCJ) constituted a de facto permanent ban on the First Amendment rights of publishers.

The Court’s June 8, 2021 opinion was issued …

Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case

by David M. Reutter

The Eleventh Circuit Court of Appeals found a Georgia Sheriff’s Deputy employed excessive force by detaining a pretrial detainee “in a hot, unventilated, and unair-conditioned transport van for approximately two hours” and was deliberately indifferent to the detainee’s serious medical needs. The court concluded …

Colorado Jail Blows Through $16 Million in COVID Relief Money, Has Outbreak Anyway, Settles ACLU Conditions Suit

by David M. Reutter

Colorado’s El Paso County Jail, the state’s largest jail, received almost $16 million in federal funds to cover costs related to the COVID-19 pandemic. It used most of those funds in jail renovations that were part of a longstanding wish list. Meanwhile, staff and …

Local Pennsylvania Voters Ban Solitary Confinement and No-Knock Warrants

by David M. Reutter

Residents of Allegheny County voted to restrict the use of solitary confinement. The ballot measure was overwhelmingly approved during a May 18, 2021 election.

PLN has previously reported on the brutalizing by guards and the improper use of solitary confinement within the Allegheny …

Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases

by David M. Reutter

The Eighth Circuit Court of Appeals affirmed the grant of summary judgment for the defendants in a civil rights lawsuit alleging they were deliberately indifferent to a prisoner’s serious medical needs. This case highlights the need for expert medical testimony to win in such …

$56 Million Settlement in CoreCivic Securities Violation Lawsuit

by David M. Reutter

Private prison operator CoreCivic, formerly known as Corrections Corporation of America (CCA), paid $56 million to settle a class action lawsuit alleging it violated securities laws that resulted in a loss to stock holders.

The lawsuit was filed August 23, 2016, on behalf …