$2.3 Million Jury Verdict in Florida Man’s Fatal Shooting by Deputies
by David Reutter
A Florida federal jury found the Marion County Sheriff’s Office and two of its deputies liable in a civil rights and wrongful death lawsuit.
The suit stemmed from the July 6, 2012 death of 21-year-old Joshua ...
$300,000 Settlement in EAJA Suit
by David Reutter
The Bureau of Prisons (BOP) agreed to pay $300,000 to settle a claim under the Equal Access to Justice Act for “Attorney’s fees, expert fees and costs” to challenge the BOP’s “Violation of its own rules and regulations.”
As reported in the ...
Due Process Requires Notice Prior to Court-Ordered Deduction from Prisoners’ Accounts
by David Reutter
The Third Circuit Court of Appeals held on August 14, 2014 that prison officials must provide due process before seizing funds from prisoners’ institutional accounts to satisfy fines, restitution and other costs assessed at sentencing.
Before ...
Former Prisoner Left Blind by Assault Obtains Reversal of FTCA Claim
by David Reutter
On August 11, 2014, the Seventh Circuit reversed the dismissal of a former prisoner’s Federal Tort Claims Act (FTCA) complaint alleging negligence by the federal Bureau of Prisons (BOP). The reversal required the Illinois federal district ...
$7,500 Award for Ohio Prisoner in Slip and Fall Accident
by David Reutter
An Ohio Court of Claims awarded over $7,500 to a prisoner for injuries suffered from a slip and fall, after finding liability for negligence against the Ohio Department of Rehabilitation and Correction (ODRC) in a bifurcated trial. ...
Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim
by David Reutter
The Ninth Circuit has held that a prison guard’s act of reading a prisoner’s legal mail – not merely inspecting or scanning it – constitutes a Sixth Amendment violation.
The Court of Appeals reversed a district court’s ...
$345,000 Settlement in Michigan Detainee’s Suicide
by David M. Reutter
A $345,000 settlement was reached between Wayne County, Michigan, the City of Detroit and the estate of a prisoner who committed suicide at the Wayne County Jail (WCJ).
Jason L. Smith was arrested on April 29, 2009 and booked into ...
Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal
by David Reutter
The Fourth Circuit Court of Appeals has affirmed a grant of judgment on the pleadings to two officers from North Carolina’s Charlotte-Mecklenburg Police Department in a civil rights case that alleged they had fabricated evidence.
In ...
Tasering Detainee as Corporal Inducement Violates Eighth Amendment
by David Reutter
The Eighth Circuit Court of Appeals has held a pre-trial detainee’s claim that a guard used excessive force could proceed where a jury could find the guard used a Taser on a non-aggressive detainee as corporal inducement to comply ...
$12,500 Settlement for Pennsylvania Prisoner Denied Medication
by David Reutter
Pennsylvania’s Allegheny County Jail (ACJ) agreed to pay $12,500 to settle two lawsuits claiming guards and medical staff had failed to treat a prisoner’s epilepsy.
The suits involved the treatment of prisoner Tonja Jackson at ACJ. Following her arrest in ...
