Due Process Requires Hearing before Return to Parole in Mistaken Release
by David M. Reutter
The Sixth Circuit Court of Appeals has upheld the grant of qualified immunity to defendants who returned a man to parole without granting him a hearing. It also upheld a grant of attorney ...
Florida Public Defender May File Systematic Motions to Withdraw Due to Case Overload
by David Reutter
The Florida Supreme Court has held that aggregate/systematic motions to withdraw by the Public Defender’s office are appropriate in circumstances where there is an office-wide or widespread problem as to the office’s ...
Family Calls Pennsylvania Prisoner’s Death Murder; Prison Officials Exonerate Themselves
By David M. Reutter
Although an investigation into a prisoner’s death by the Pennsylvania State Police “does not indicate any foul play at this time,” the prisoner’s family is calling the death a homicide.
SCI Rockview prisoner ...
Auditors Find Deficiencies in Tennessee Prison Operations
by David M. Reutter
A performance audit of the Tennessee Department of Correction (TDOC) was released in September 2012 by the state’s Comptroller of the Treasury. It made five findings related to security, information protection, weaknesses in monitoring contractors, abnormalities in ...
Another Florida Youth Languishes in Pain until Death While Guards Idly Watch
By David M. Reutter
A sense of fear and apprehension about overstepping authority kept guards at a Florida Department of Juvenile Justice (DJJ) facility from summoning help for a dying juvenile. The incident is reminiscent of ...
Another Failed Experiment: Minnesota’s Private Prison Health Care Saves Money but Costs Lives
by David M. Reutter
Minnesota privatized its prison health care system in 1998 to achieve cost savings. While it has saved taxpayers money, it has exacted a toll of human suffering from prisoners subject to ...
Systematic Problems Result in Closure of Florida Juvenile Facilities
by David M. Reutter
The systematic lack of training, supervision, and oversight at two Florida juvenile detention centers caused unconstitutional conditions of confinement, a report by the U.S. Department of Justice (DOJ) concludes. While the two facilities the DOJ ...
Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional
by David M. Reutter
The Fourth Circuit Court of Appeals held on November 1, 2013 that the attorney fee provision of the Prison Litigation Reform Act (PLRA) is constitutional. The ruling was in alignment with other appellate courts that have considered the ...
Alabama DOC Short Hair Policy Does Not Violate RLUIPA
by David M. Reutter
The Eleventh Circuit held in July 2013 that an Alabama Department of Corrections (ADOC) policy requiring prisoners to maintain short hair does not violate their rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The ...
Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center
by David M. Reutter
On September 23, 2013, the Eleventh Circuit Court of Appeals vacated a summary judgment order that upheld a civil commitment center’s policy which limited circulation of a detainee’s controversial newsletter among residents at the facility. ...
