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Articles by David Reutter

Prison Officials Praise Industry Programs Despite Downsides

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

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

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 ...

DOJ Intervenes in Class-action Suit Challenging New Orleans Jail Conditions; Consent Judgment Entered

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 ...

5.85 Million People Disenfranchised in Supposedly Democratic America

5.85 Million People Disenfranchised in Supposedly Democratic America

by David M. Reutter

The United States is billed as the world’s largest and greatest democracy. However, it is also “one of the world’s strictest nations when it comes to denying the right to vote to citizens convicted of crimes,” according to ...

Arkansas Jail Prisoner Can Proceed on Failure to Protect Claim Against Guard

Arkansas Jail Prisoner Can Proceed on Failure to Protect Claim Against Guard

by David M. Reutter

The Eighth Circuit Court of Appeals has upheld the denial of summary judgment to a guard who was aware of a threat of harm to a pretrial detainee, but reversed as to a jail ...

Second Circuit: RLUIPA Disallows Individual Capacity Suits

Second Circuit: RLUIPA Disallows Individual Capacity Suits

by David M. Reutter

The Second Circuit Court of Appeals held in September 2013 that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a private right of action against state officials in their individual capacities.

Anthony Washington, incarcerated at ...

Massachusetts: Order Relieving Sex Offender of Registration Not Vacated Upon Probation Violation

Massachusetts: Order Relieving Sex Offender of Registration Not Vacated Upon Probation Violation

 

by David Reutter

 

The Massachusetts Supreme Judicial Court has held that once a judge relieves a sex offender of the requirement to register, a different judge lacks the authority to order the offender to register following ...

Warden Granted Qualified Immunity for Two-year Visitation Suspension

Warden Granted Qualified Immunity for Two-year Visitation Suspension

 

by David Reutter

 

A prison official who suspended a prisoner’s visitation privileges was entitled to qualified immunity because, under the facts of the case, the prisoner did not have a clearly established right to visitation, the Fourth Circuit Court of ...

Second Circuit: Federal Prisoner States Conditions of Confinement Claim

Second Circuit: Federal Prisoner States Conditions of Confinement Claim

 

by David Reutter

 

The Court of Appeals for the Second Circuit held that a federal prisoner sufficiently stated a claim alleging the conditions of his confinement violated the Eighth Amendment.

The case involved an appeal from a New York ...