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Articles by David Reutter

Two Cellmates Die at Private Louisiana Jail

by David M. Reutter

A bizarre incident that resulted in the deaths of two pretrial detainees at the Richwood Correctional Center (RCC) in Louisiana reflects how understaffing and inadequate training at privately-operated jails can have life-changing consequences.

Following a traffic stop, Vernon Ramone White, Sr., 28, was arrested on charges ...

Class Action Suit Over Private Probation Company's Illegal Fees

by David M. Reutter

The Southern Center for Human Rights filed a class action lawsuit against Sentinel Offender Services, a private probation company, on behalf of persons in Atlanta who were forced by Sentinel to pay illegal fees while on "pay-only" probation for traffic violation.

Georgia law allows for courts ...

Public Records in Private Accounts Subject to PRA Disclosure

The Vermont Supreme Court held that “public records” under the Public Records Act (PRA) include any documents generated in the course of public agency business, even if the record is stored in a private account. The court held that failure to ask an employee to search a private account for ...

FOIL Exemption Applies to Civil and Criminal Law Enforcement

by David Reutters

A New York appellate court held that the New York State Education Department correctly redacted or exempted public records compiled for auditing special education costs because they were compiled for civil law enforcement purposes. The court also held that a request for award of attorney fees was ...

ND DOC Immune Claims of Injury Suit Unless Act Intentional

by David Reutter

The North Dakota Supreme Court held the North Dakota Department of Corrections (NDDOC) is immune from litigation unless an employee injury is due to intentional act of conscious purpose.

Delmar Markel was a guard at North Dakota Youth Correctional Center when he was injured during an escape ...

Sufficient Facts for Discrimination Hearing

by David Reutter

A Colorado federal district court held that deaf prisoners and prisoners in contact with deaf persons alleged sufficient facts to survive dismissal of the Americans with Disabilities Act claim. The court said the prison’s archaic, faulty communication system for hearing impaired prisoners failed to accommodate their disability.  ...

Washington DOC Not Subject to Absolute Immunity from All Litigation

A Washington state court of appeals held that the Department of Corrections (DOC) is not automatically subject to any immunity from litigation against actions outside their quasi-judicial function. Nonetheless, its officers do not owe a duty to report a charge’s behavior to the sentencing court.

An abusive alcoholic, John McKay, ...

Colorado Supreme: No Presentence Confinement Credit

The Colorado Supreme Court concluded that Section 18-1.3-405, C.R.S. (2017) prevents the award of presentence confinement credit (PSCC) in cases involving multiple charges or jurisdictions unless the case under review is the sole cause for detention and the prisoner would have been released if that charge did not exist.

In ...

Organizations Acting as Government Subject to Public Records, Open Meetings Laws

by David Reutter

A Tennessee Court of Appeals reversed a trial court’s decision that the Jefferson County Economics Development and Oversight Committee, Inc. (EDOC) is not subject to provisions of the State Public Records and Open Meetings Acts and remanded the case for further review. 

Jefferson County, Jefferson City, and ...

ND Supreme: 6-Month Sentence for Contempt Binding

by David Reutter

The North Dakota Supreme Court held that N.D.C.C. 27-10-01.4(1)(b) prohibits a prisoner’s incarceration for contempt of court for more than six months where no specific extension was ordered by the district court or referees.

Tricia Taylor was granted visitation with her two children, but custody was granted ...