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Articles by David Reutter

$1.05 Million Settlement for Oklahoma Prisoner’s Death from Untreated Appendix Rupture

by David M. Reutter

On May 23, 2023, the Oklahoma Legislature approved a $1.05 million settlement to resolve a lawsuit stemming from the preventable death of a state prisoner. The settlement followed an order by the U.S. District Court for the Western District of Oklahoma on May 29, 2022, that ...

Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina

by David M. Reutter

On May 3, 2023, the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of a federal prisoner’s civil rights suit, finding his Fifth Amendment claim did not fit within the precise confines authorized by Bivens v. Six Unknown Named Agents of Federal Bureau of ...

Breaking the Cycle of Understaffing, Lockdowns and Increased Violence in Prisons

by David M. Reutter

The political atmosphere surrounding criminal justice reform features strong rhetoric on both sides. Those who pontificate the “get-tough-on-crime” culture argue for increasing criminal sanctions and imposing punishment upon prisoners. On the other side are criminal justice reform advocates who push for a second chance by changing ...

Wexford Faces Liability for Indiana Prisoner’s Delayed Specialist Referral

by David M. Reutter

On March 3, 2023, the U.S. District Court for the Southern District of Indiana only partly granted a motion for summary judgment filed by prison medical profiteer Wexford Health Sources, Inc. and its employees in a state prisoner’s civil rights action over a nearly three-year delay ...

Unable to Post Bail, Detainee Starves to Death in Arkansas Jail

by David M. Reutter

A lawsuit filed in federal court for the Western District of Arkansas on January 13, 2023, makes a stunning claim: That a man was left to starve to death in jail because he couldn’t afford bail.

Larry Eugene Price, Jr., 50, was suffering an acute mental ...

$1.25 Million Settlement for California Jail Prisoner’s Loss of Limbs

by David M. Reutter

As PLN previously reported, a man arrested and taken to jail in California’s San Bernardino County in March 2018 ended up in a hospital eight days later in critical condition, suffering severe dehydration, sepsis, and renal failure. Perry Belden then went into cardiac arrest and was ...

Almost $1.1 Million Awarded to One-Legged Pretrial Detainee Forced to Hop to California Jail Cell

by David M. Reutter

After a jury in the federal court for the Northern District of California awarded $504,000 in compensatory damages in the excessive-force case he brought against the San Francisco Jail, a former pretrial detainee was awarded another $14,034.31 in legal costs on November 28, 2022, followed by ...

Florida Solitary Confinement Lawsuit Dismissed

by David M. Reutter

On December 14, 2022, the Florida Department of Corrections (DOC) successfully beat back a challenge to use of solitary confinement in its prisons, when prisoner/plaintiffs stipulated to dismissal of their claims. Not content with that victory, apparently, DOC then issued a press release on January 12, ...

Four Hawaii Prison Guards Sentenced for Beating Prisoner – But One Wins Back-Pay

by David M. Reutter

On January 17, 2023, the last of four former Hawaii prison guards convicted of beating a state prisoner was sentenced to federal prison. The sentences ranged from one to 12 years. Three of the guards – Jason Tagaloa, 31, Craig Pinkney, 38, and Jonathan Taum, 50 – were convicted by a federal jury in July 2022 of assaulting the prisoner in June 2015 at the Hawaii Community Correctional Center; they also were convicted of trying to cover up the crime by submitting false reports between June 2015 and December 2016.

The prisoner, Chawn Kaili, suffered a broken jaw, nose, and eye socket from the two-minute beating in a prison recreation yard. Surveillance video captured Kaili being escorted across the recreation yard by one guard, who was then joined by the other three. Though the prisoner was nonviolent, they took him to the ground and beat him.

Tagaloa “delivered the most vicious punches and kicks to the victim’s head,” prosecutors said. Pinkney held the prisoner down as Tagola delivered the beating. Prosecutors said Taum supervised the beating and orchestrated the conspiracy to cover it up.

The fourth guard, Jordan DeMattos, 31, pleaded guilty in December 2020 and ...

$1 Million Settlement Reached After Detainee’s Suicide in Washington Jail

by David M. Reutter

In November 2022, a $1 million settlement was reached in a lawsuit filed by the estate of a 23-year-old indigenous woman who committed suicide at Washington’s Fork City Jail in 2019. Kimberly Bender took her own life following weeks of alleged sexual harassment by guard John Russell Gray.

The October 2021 federal civil rights complaint alleged that Bender, a Quileute tribal member, had a history of criminal offenses as well as mental health issues, including depression and past suicide attempts. Jail officials knew or should have known that history, the complaint continued, because Bender was in and out of the jail between July and December 2019.

The complaint alleged that while Bender was locked up in July 2019, Gray sexually harassed her with verbal comments, as well as committing sexual misconduct towards two other prisoners – all part of a quartet of victims he was convicted of sexually assaulting, receiving a 20-month prison term in May 2021.

The jail had hired Gray in April 2019, after he was removed in 2018 from Clallam Bay Corrections Center (CBCC) by the state Department of Corrections for making inappropriate sexual comments during Prison Rape Elimination Act training.

Bender was ...