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Articles by David Reutter

Florida's Faith-Based Programs Under Watchful Eyes

by David M. Reutter


With budget cuts eliminating its substance abuse programs and most educational programs in its prisons, the State of Florida is turning to religious groups to rehabilitate its prisoners. Since 1995, Florida's prison population has exploded from 62,000 prisoners to its current population of 80,000 which nets ...

BOP Ad-Seg Rules Create a Liberty Interest

by David M. Reutter

The Eleventh Circuit court of Appeals has held that BOP administrative segregation policies create a liberty interest. The Court reversed a Georgia federal district court's order granting prison officials' motion to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be ...

Florida's Private Prison Industry Corporation Under Siege

by David M. Reutter

As early as 1980, drugstore mogul Jack Eckerd was convinced a private company could provide higher profits to Florida if it ran the state's Prison Industries. After Eckerd's lobbying of the Florida Legislature, that Legislature enacted laws to create Prison Rehabilitative Industries and Diversified Enterprises (PRIDE) ...

Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape

by David M. Reutter

The Tenth Circuit Court of Appeals has held that a state driver's license examiner who exercised supervisory control over a prisoner acted as a state actor and can be held liable for raping her. Pamela Smith, a former prisoner of Oklahoma's Tulsa Community Correction Center (TCCC), ...

Public and Press Have First Amendment Right to Access Court Docket Sheets

by David M. Reutter

The Second Circuit Court of Appeals has held that the public and press enjoy a qualified First Amendment right of access to court docket sheets. This case was filed by the Hartford Courant and The Connecticut Law Tribune, challenging the Connecticut state court system's practice of ...

Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing

Exculpatory Evidence Must be Disclosed at Prison Disciplinary Hearing


by David M. Reutter

The Seventh Circuit Court of Appeals has held that a prisoner is entitled to receive exculpatory evidence in a prison disciplinary hearing when a liberty interest is implicated. This habeas corpus proceeding was brought by Clyde Piggie, ...

Private Capitol Punishment: The Florida Model

by Ken Kopczynski, 111 pp. 2004, Authorhouse, softbound

Reviewed by David M. Reutter

As the prison industrial complex has expanded, the privatization of prisons has increased. The pages of PLN have chronicled the mental and physical abuse, as well as medical neglect, suffered by those warehoused in privatized prisons. Private ...

Vermont Auditor's Report Blasts CCA and CMS

by David M. Reutter

The Keys to Success report issued by the Vermont State Auditor on May 26, 2004, concludes the Vermont Department of Corrections' (VDOC) "failure to monitor its contracts with private companies and individuals has resulted in significant financial impacts, services that were paid for and not received, ...

"Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment

"Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment


by David M. Reutter

The Seventh Circuit Court of Appeals has held that civilly committed sex offenders are entitled, as a matter of due process, to the exercise of professional judgment as to the needs of residents, and fact ...

Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged

by David M. Reutter

A class action suit filed in Florida's Leon County Circuit Court challenges a new law enacted by the Florida Legislature in its 2004 session. That Legislature amended § 944.516, Florida statutes, to add subpart (1)(h), effective July 1, 2004. The new law allows the Florida Department ...