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Articles by David Reutter

Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction

by David M. Reutter

The City of Philadelphia agreed on November 3, 2023, to pay $9.1 million to settle a wrongful conviction lawsuit brought by Walter Ogrod, 59, a former state prisoner exonerated of murder and released after more than 28 years of wrongful incarceration—including 23 years on death row. ...

California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss

by David M. Reutter

On November 12, 2024, the federal court for the Eastern District of California entered judgment in favor of state prisoner Anthony Penton, adding $788,744.97 to an earlier $475,000 jury award on his claim that a guard violated his civil rights by withholding his mail without notice ...

Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated

by David M. Reutter

On May 15, 2024, the United States Court of Appeals for the Second Circuit reversed summary judgment on a New York prisoner’s First Amendment free exercise claim while also affirming a jury’s verdict finding continuous lighting in his cell did not constitute cruel and unusual punishment. ...

Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA

by David M. Reutter

On May 8, 2024, the U.S. Court of Appeals for the Fourth Circuit clarified the standards to determine whether Baltimore County prisoners are considered employees under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203, when working in a recycling facility overseen by the County Department ...

In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania

by David M. Reutter

On November 11, 2024, private prison and jail healthcare contractor Wellpath LLC filed for bankruptcy protection from debtors collectively owed $544 million, casting doubt on its ability to continue in business, much less pay settlements and verdicts owed in suits for poor medical care filed by prisoners, detainees or their estates.

One of the many cases still pending against the firm was filed by the family of a Virginia detainee who died of “salt wasting” after being denied medication necessary to control the disorder by officials at Henry County Adult Detention Center (HCADC), where Wellpath held the healthcare contract. Deborah Sue Damron, a firm nurse responsible for Brad Steven Hensley’s care, was not only named a defendant in the civil case but also criminally charged after his death with involuntary manslaughter.

Hensley, 42, was born with Congenital Adrenal Hyperplasia, which caused him to suffer from “salt wasting” when his body failed to produce cortisol needed to regulate blood pressure and blood sugar, among other things. Hensley’s condition was treated with twice daily doses of prescribed Prednisone and Fludrocortisone, which was noted at booking into HCADC on August 22, 2022. It was further noted that Hensley had ...

Trends Show Mortality Risks Increase with Higher Jail Turnover Rates

by David M. Reutter

Thousands of people die in local jails annually. The causes of death vary, leading researchers to seek identifiable trends. A report published by the National Institutes of Health (NIH) on December 19, 2023, found an underlying risk of mortality traced to “a heavy reliance on incarceration: the cycling of people into and out of jails where the impacts of addiction, mental illness, and health inequity can be exacerbated with dire consequences.” The nonprofit Prison Policy Initiative (PPI) then issued an update on April 15, 2024, to an earlier analysis of local jail data, concluding that little has changed since that 2017 look at overuse of jails in the U.S.

Authored by Jessica L. Adler and Weiwei Chen, the NIH report used data from the federal Bureau of Justice Statistics (BJS) to assess mortality rates and conditions in about 450 local jails between 2008 and 2019. In the latter year alone, there were some 10.3 million admissions to jails which the study called “the front door of the criminal justice system.” Of the 734,500 people serving time in U.S. jails in 2019, two-thirds were pretrial detainees—a group which also comprised 76% of jail deaths.

Jails are diverse ...

Georgia Deputy Warden and Guard Fired for Prisoner Sex Assaults, Second Guard Sentenced to 25 Years

by David M. Reutter

On November 4, 2024, former Georgia Department of Corrections (DOC) guard Larenzo Cheeks, 25, was sentenced to 25 years in prison for having sex with three prisoners at Lee Arrendale State Prison—injuring one so badly that she required surgery. Earlier, DOC also fired Deputy Warden Alonzo McMillian, 44, and guard Lt. Russell Clark, 62, when both were arrested in May 2024 and charged with having sex with prisoners.

Cheeks was fired, too, when a prisoner accused him of rape in December 2022, as PLN reported. [See: PLN, Feb. 2023, p.63.] He had been on the job just a few months when he told another prisoner, “You make me want to fuck you,” before pulling her into a hallway and ripping off her pants. He had a sexual relationship with a second prisoner during November 2022. He was finally fired after taking the third prisoner to a shower area, where he shoved her against a wall and penetrated her so violently that she required a partial hysterectomy.

That last victim, “Jane Doe,” filed suit in federal court for the Northern District of Georgia on February 22, 2024, accusing Cheeks of violating her civil rights when he “violently ...

BOP Settles Muslim Prisoner’s Religious Discrimination and Medical Denial Claims at Colorado Supermax

by David M. Reutter

On April 26, 2024, the federal Bureau of Prisons (BOP) entered into the last of multiple settlement agreements with a Muslim prisoner who accused the prison agency of failing to accommodate his religion and discriminating against him because of his faith. The settlements provided for attorney’s ...

$4.77 Million Settlement for Three Alaska Prisoners Exonerated of Murder After 18 Years

by David M. Reutter

On November 6, 2023, three of the “Fairbanks Four” accepted $5 million from the Alaska city for 18 years they spent wrongfully incarcerated for a teen’s 1997 murder before their exoneration in 2015. The case featured almost every hallmark of a wrongful conviction, including a confession ...

Alabama Jail Accused of Granting Detainee’s Medical Bond Just Before Death to Avoid Costly Medical Care

by David M. Reutter

Alabama’s Dallas County Jail (DCJ) has a “scheme” of releasing very ill detainees to avoid the cost of their medical care. That explosive allegation lay at the heart of a lawsuit filed on April 4, 2024, by the family of Mary Strong, who died just days ...