Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable
by David Reutter
The Third Circuit Court of Appeals held on August 26, 2013 that a judge may resolve factual disputes relevant to the exhaustion of administrative remedies without the participation of a jury. It also held ...
Seventh Circuit Reverses Summary Judgment in Dental Care Suit
by David M. Reutter
On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for a jury to find they acted with deliberate indifference to a prisoner’s ...
Flimsy Reasons for Prolonged, Frequent Lockdowns State Eighth Amendment Claim
by David Reutter
The Seventh Circuit Court of Appeals has held that an Illinois prisoner’s complaint that frequent lockdowns for substantial periods of time deprived him of exercise and caused him various health problems stated an Eighth Amendment claim. However, ...
Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner
by David Reutter
To correct a “grave miscarriage of justice,” Pennsylvania U.S. District Court Judge Anita Brody granted a writ of habeas corpus to a state prisoner and vacated his conviction and death sentence for a murder that “in ...
Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania
by David M. Reutter
The Supreme Court of Pennsylvania held on July 9, 2013 that a mandamus petition related to an underlying complaint concerning prison conditions itself constitutes prison conditions litigation within the meaning of the state’s Prison Litigation Reform Act ...
Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program
by David M. Reutter
The Nebraska Supreme Court has reversed the theft conviction of a county prosecutor who stole funds from a pretrial diversion program he created.
When John Blake Edwards took office as the county attorney for Keith ...
Prison Officials Praise Industry Programs Despite Downsides
by David M. Reutter
As the U.S. economy remains sluggish and companies consider layoffs to cut costs, the outlook for prison industry programs is mixed, with some reporting increased revenue and others reporting net losses.
Prison industries are big business according to a ...
Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment
by David M. Reutter
The Seventh Circuit Court of Appeals has reversed a district court’s grant of summary judgment to a jail guard accused of being deliberately indifferent to a prisoner’s safety.
The case involved an incident that ...
Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction
by David M. Reutter
The Kansas Supreme Court reversed a prisoner’s sentence for possession of contraband – a small amount of marijuana – after it held the sentencing court misinterpreted its statutory authority by concluding it could ...
The U.S. Department of Justice (DOJ) intervened in a class-action lawsuit that alleged “abusive and unconstitutional conditions of confinement” at the Orleans Parish Prison (OPP) in New Orleans, Louisiana. The lawsuit, filed in U.S. District Court by the Southern Poverty Law Center (SPLC), resulted in a consent judgment approved by ...
