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Articles by David Reutter

Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes

by David M. Reutter

The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s complaint.

Before the Eleventh Circuit was the appeal of Georgia prisoner Tracy A. Miller, incarcerated ...

Transferred Prisoners Subject to Receiving State’s Confinement Conditions Under Interstate Compact Rule

By David M. Ruetter

A Vermont state court has held that a prisoner transferred under the Interstate Corrections Compact (ICC) is subject to the confinement conditions of the receiving state, and the sending state has no authority to resolve disputes over those conditions.

The ruling came in an action filed ...

Withdrawal of Guilty Plea Required for Washington Prisoner

By David M. Ruetter

The State of Washington Court of Appeals has held that a defendant is entitled to withdraw a guilty plea where he was not informed that he could not earn early release credits during the mandatory minimum portion of his sentence.

Before the Court was the Personal ...

Alaska Prisoner’s Action to Overturn DR Not Moot if Relief Sought Greater than Obtained

By David M. Reutter

The Alaska Supreme Court has held that a prisoner’s action to reverse a disciplinary charge is not moot where the relief sought is greater than that afforded by prison officials.

Before the Court was the appeal of Alaska prisoner Henry J. Bauer, who received a disciplinary ...

Death Sentence Affirmed for Florida Prisoner Convicted in Guard’s Death During Botched Escape

By David M. Reutter

The Florida Supreme Court has affirmed the death sentence of a prisoner convicted in the murder of a guard during a botched prison escape. Stephen Smith and his codefendants, Dwight Eaglin and Michael Jones, were convicted for first-degree murder of Charlotte Correctional Institution (CCI) guard Darla ...

All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee

By David M. Reutter

The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, in which, if successful, the complaining party’s claim would directly affect his or her time ...

GEO Group Acquires Electronic Monitoring Firm for $415 Million

by David M. Ruetter

The GEO Group, the nation’s second-largest private prison company, announced on December 21, 2010 that it will pay $415 million in an all-cash deal to acquire Behavioral Interventions, Inc. (BI). The purchase allows GEO to expand beyond detention services into the area of community supervision.

BI ...

Band-aid Applied to Florida’s Homeless Sex Offender Colony Falls Off

by David M. Reutter

When Florida’s Miami-Dade County adopted an ordinance that extended the 1,000-foot state law residency restrictions for sex offenders to 2,500 feet, the estimated 100 sex offenders who return to Miami-Dade each year after being released from prison were left with few options as to where they ...

Virginia Federal Court Invalidates DOC Ban on Sexually Explicit Books

by David M. Reutter

A U.S. District Court has held that a Virginia Department of Corrections (VDOC) policy which prohibits “works of literature which include an explicit description of a sexual act or intercourse” is unconstitutional, both facially and as applied.

The court’s ruling was entered on cross-motions for summary ...

State Inspections Compel Changes at Abusive Michigan Juvenile Facility

by David M. Reutter

Inspection reports by Michigan’s Department of Human Services (DHS) concerning conditions at the Muskegon County Juvenile Detention Center (MCJDC) found an abusive environment caused by understaffing. On the verge of losing the state license to operate MCJDC, county officials agreed to make reforms.

Located in the ...