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Articles by David Reutter

Florida Prisoner Sues for Contracting HIV

by David M. Reutter

Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at the Zephyrhills Correctional Institution medial/psychiatric ward. Randles requested to ...

Supreme Court Holds No Immunity for Alabama Hitching Post

by David M. Reutter

The U.S. Supreme Court has reversed an Eleventh Circuit Court of Appeals ruling that held government officials are entitled for qualified immunity unless there exists previous case law that is "materially similar" to the facts at issue. The Supreme Court held that there need only exist ...

PLRA Allows California Religious Preliminary Injunction

by David M. Reutter

The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction arguing that: the prisoners lacked standing; the district court ...

Florida Guards Murder Another Prisoner, Get Another Acquittal

by David M. Reutter

A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of second-degree murder, conspiracy to commit aggravated battery on a prisoner, official ...

Court Criticizes PLRA Attorney Fee Cap

by David M. Reutter
( A federal district court for the Eastern District of Michigan (EDM) has held the Prison Litigation Reform Act (PLRA) caps attorney fees in prisoner civil rights cases, but criticized that holding. Michigan prisoner Blaine Sallier was awarded damages of $13,000 by a jury for a ...

Court Issues TRO Protecting Constitutional Right to Family Relationships

by David M. Reutter

A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. Probationer Julie Tremper pled guilty to criminal possession of a weapon, resulting ...

Hitching Post Unconstitutional

The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility (Limestone) in 1995 .On two occasions ...

Court Modifies Education Plan for Rikers Island Youth

by David M. Reutter


In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported upon the previous ruling in this case. See PLN November 2000. ...