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Articles by David Reutter

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 ...

$750,000 Settlement After Opioid Withdrawal Death in Kentucky Jail

by David M. Reutter

Opioid addiction has reached epidemic proportions. Handling withdrawal from those drugs is something that many jails are unprepared to handle. Kentucky’s Mason County Detention Center (MCDC) was so unprepared that it allowed Jenny Fulton, 27, to deteriorate and die over a four day period. In April ...

Record Number of Florida Prisoners Died in 2016, 2017

by David M. Reutter

A record number of prisoners – 356 – died while in the custody of the Florida Department of Corrections (FDOC) in 2016. Even more died during 2017.

Topping the chart in 2016 was Dade Correctional Institution (DCI) with 13 deaths – twice the number of any other prison except Charlotte Correctional Institution, which had 7, and facilities that house elderly or ill prisoners.

 DCI has been under scrutiny since the Miami Herald published an investigative report about the death of Darren Rainey, 50, a schizophrenic prisoner serving a drug-related sentence who was fatally scalded in a shower in the facility’s mental health unit on June 23, 2012 – apparently as part of a sadistic punishment by guards. [See: PLN, April 2017, p.38; Feb. 2016, p.1].

Despite a letter sent to State Attorney Katherine Frenández Rundle by advocacy group Stop Prison Abuse Now (SPAN), no official explanation has been forthcoming as to why no one was held accountable for Rainey’s death. Prosecutors announced in March 2017 that criminal charges would not be filed against prison staff.

In 2000, there were just 191 deaths among FDOC prisoners. The increase in the system’s mortality rate since then has ...

Prisoner Abuse at Parchman: Minimum Punishment and Impeded Investigations

by David M. Reutter

A federal investigation into an assault on a prisoner by guards at Mississippi’s State Penitentiary at Parchman included a claim that then-Superintendent Earnest Lee impeded the prison’s own review of the incident.

As previously reported in PLN, another FBI investigation resulted in federal charges against ...

CoreCivic Prison in Tennessee Plagued with Problems

by David M. Reutter

Less than two years after opening the Trousdale Turner Correctional Center (TTCC) in January 2016, the Tennessee Department of Correction (TDOC) imposed a $43,750 fine against the prison’s private operator, Nashville-based CoreCivic.

Formerly known as Corrections Corporation of America, and the nation’s largest for-profit prison company, ...

Poor and Mentally Ill Languish in Mississippi Jails for Months or Years Awaiting Indictments

by David M. Reutter

Some people arrested on felony charges in Mississippi face months, a year or even longer in jail before they are indicted. Some are never indicted before their release. All have one thing in common: they are too poor to afford an attorney or post bond.

According ...

Lawsuit Alleges Inadequate BOP Mental Health Treatment in SMU

by David M. Reutter

A federal class-action suit filed in June 2017 paints the U.S. Penitentiary at Lewisburg, Pennsylvania essentially as a solitary confinement warehouse filled with prisoners who suffer from serious mental illness. The suit alleges that prisoners are given crossword and Sudoku puzzles in place of counseling or ...

Virginia: Undocumented Immigrant Receives $12,000 Settlement for Overdetention

by David M. Reutter

In May 2017, the sheriff’s office in Henrico County, Virginia entered into a $12,000 settlement to resolve a lawsuit alleging an undocumented immigrant was held in jail beyond his scheduled release date.

Following his arrest for drunk driving, James S. Alfaro-Garcia, an undocumented immigrant from El ...