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Articles by David Reutter

Tenth Circuit Says Disabled Colorado Prisoner Offered Diapers Rather Than Bathroom Pass May Deserve Damages Under ADA

by David M. Reutter

In an opinion issued on September 8, 2021, the U.S. Court of Appeals for the Tenth Circuit ruled the federal district court in Colorado erred in dismissing a state prisoner’s claim filed under the Americans with Disabilities Act (ADA), 42 U.S.C. ch. 126 §12101 et seq., ...

Preliminary Injunction Granted to Illinois Prisoner to Receive Non-Allergenic Kosher Meals

by David M. Reutter

An Illinois federal district court issued a preliminary injunction in favor of a state prisoner on October 12, 2021, requiring prison officials to provide him fresh or frozen kosher meal entrées because he suffers an allergic reaction to those provided, which are “shelf-stable.”

The prisoner, Mark ...

$1.65 Million Settlement Reached in Connecticut Prisoner’s Death from Untreated Lupus

by David M. Reutter

On July 7, 2021, the Connecticut Department of Corrections (DOC) paid $1.65 million to settle a lawsuit alleging medical personnel failed to diagnose and treat a 19-year-old state prisoner who died of lupus.

The settlement resolves a lawsuit brought by the estate of Karon Nealy, Jr. ...

Vermont Hep-C Settlement Agreement Provides Direct-Acting Antivirals to Infected Prisoners

by David M. Reutter

A settlement agreement setting out guidelines for care that the Vermont Department of Corrections (DOC) will provide to prisoners with Hepatitis-C was finalized on May 14, 2021, calling for enhanced screening of incoming prisoners and altering policies and procedures governing who can receive Direct-Acting Antiviral (DAA) ...

Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA

by David M. Reutter

In a ruling on September 27, 2021, the U.S. Court of Appeals for the Third Circuit held that a “mixed dismissal” of a Pennsylvania prisoner’s civil rights action does not count as a strike under the Prison Litigation Reform Act of 1996 that would prevent him ...

$1 Million Settlement in Inadequate Nutrition Class-Action Against New York Jail

by David M. Reutter

On June 2, 2021, a federal district court in New York approved an agreement by Montgomery County to pay $1 million to resolve a federal class-action lawsuit alleging it provided inadequate nutrition to people held at its jail. The agreement includes an additional $317,083.22 in fees ...

Wellpath Founder and CEO Pleads Guilty to Federal Bribery Charges

A lesson in why privatized prison health care is the wrong answer

by David M. Reutter

On Friday, January 18, 2022, three days before sentencing in a pay-to-play bribery and corruption scandal involving health care at the city jail in Norfolk, Virginia, attorneys for disgraced former sheriff Bob McCabe filed ...

$500,000 Default Judgment for Tennessee Woman Sexually Assaulted by Probation Officer

by David M. Reutter

On March 17, 2021, a federal district court in Tennessee awarded a $500,000 default judgment, plus another $60,863.75 in attorney’s fees, to a woman who alleged in a lawsuit that her probation officer sexually assaulted her.

The order from the U.S. District Court for the Eastern ...

Settlement Reached to Protect Hawaii Prisoners from COVID-19

Just in Time for the ‘Omicron Winter’

by David M. Reutter

On November 10, 2021, one day before first detection of the Omicron variant of the coronavirus that causes COVID-19, a federal district court in Hawaii approved a settlement in a lawsuit filed over the response to the pandemic by ...

Michigan Prisons Ordered to Provide Jewish Prisoners Meat and Dairy on Sabbath and Holidays; Sixth Circuit Affirms

by David M. Reutter

On October 12, 2021, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s judgment in favor of Michigan prisoners who sought a kosher meal with meat and dairy on the Jewish Sabbath and four important Jewish holidays, as well as cheesecake on ...