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Articles by David Reutter

Texas Prisoner Writers Retaliation Lawsuit Proceeds

Texas Prisoner Writers Retaliation Lawsuit Proceeds

by David M. Reutter

A Texas federal district court has granted in part and denied in part prison officials motion to dismiss Texas prisoners lawsuit alleging he was retaliated against for having articles published criticizing the Texas Department of Criminal Justice-Correctional Institutions Division (TCDJ). ...

Buddhist Prisoner Properly Denied Vegan Diet Under First Amendment; Case Remanded for RLUIPA Claim

The Third Circuit Court of Appeals has held that a prisoners First Amendment religious exercise right to practice Mahayana Buddhism was not violated by prison officials refusal to provide a vegan diet. The appellate court, however, reversed for consideration of the prisoners claim under the Religious Land Use and Institutionalized ...

Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable

Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable

by David M. Reutter

A Michigan federal district court has held that the practice of removing the clothing of unruly pretrial detainees and keeping them naked in the hole, violated the Fourth and Fourteenth Amendments, but held the ...

Florida DOC's Copy Cost Assessment Rule Declared Invalid

by David M. Reutter

Florida's First District Court of Appeal has held the Florida Department of Corrections (FDOC) does not have legislative authority to support its rule regarding the amount prisoners are charged for photographic copying services, authorizing deductions from prisoners' accounts for copying services, and imposing liens on prisoner ...

New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim

by David M. Reutter

A New York federal district court reduced a jurys damage award in a prisoners civil rights action alleging excessive force by guards. The total award came to $165,000 and $68,000 in attorney fees and costs.
This action was brought against New Yorks Nassau County Sheriffs Department ...

Private Prisons Bilk $13 million From Florida; State Awards More Contracts

by David M. Reutter

Florida's Correctional Privatization Commission (CPC) consistently failed to safeguard the State's interests in its role as steward of privately operated correctional facilities," causing Florida's taxpayers to pay $12.7 million in questionable and excessive of cost. That conclusion was arrived at in a scathing report of the ...

Privatized Medical Services in Delaware Kill and Maim

by David M. Reutter

Anthony Pierce was serving a 14 month sentence for parole violation of a burglary charge at Delaware's Sussex Correctional Institution when he discovered a marble-sized lump growing on the back of his head. A prison doctor employed by the Delaware Department of Corrections' (DDOC) medical contractor, ...

PLN Loses Florida Writer Pay Ban/Censorship

Lawsuit: Appeal Pending

by David M. Reutter

A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban compensation to prisoner writers and caused the impoundment of ...

Court Holds Temperatures on Florida's Death Row Constitutional; Class Action Exhaustion Explained

By David M. Reutter

The Eleventh Circuit Court of Appeals affirmed a Florida District Court's order denying that prisoners' cell temperatures on Florida's death row constitute cruel and unusual punishment. This civil rights action was filed by Jim E. Chandler and William Kelley, prisoners on death row at Union Correctional ...

Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution

Florida's Law Libraries Provide Adequate Access to Courts
Under State's Constitution

By David M. Reutter

Florida's First District Court of Appeal has held that Article I, § 21 of the Florida constitution requires the Florida Department of Corrections (FDOC) to provide more affirmative assistance to prisoners in the preparation and ...