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Articles by David Reutter

Denial of Nation of Islam Literature Unconstitutional

by David M. Reutter

The Third Circuit Court of Appeals held that prison officials' refusal to allow prisoners to receive Nation of Islam literature was unconstitutional, but prison officials were entitled to qualified immunity from money damages for their illegal actions. Pennsylvania prisoners Richard X. Sutton, Robert X. Wise, and ...

Punitive Damages Are Prospective Relief Under PLRA

by David M. Reutter


The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of the Federal right. This appeal was filed by defendant guards ...

Florida DOC Ordered to Assist Felons Restore Their Voting Rights

Florida DOC Ordered to Assist Felons Restore their Voting Rights


by David M. Reutter

A Florida circuit court has ordered the Florida Department of Corrections (FDOC) to assist ex-felons who did not receive help in the application process for restoration of their civil rights as required by state law. Florida ...

Preliminary Injunction Granted to Religious Objector of Tuberculosis Skin Test

by David M. Ruetter

A New York federal district court has granted a preliminary injunction to a prisoner who objected on religious grounds, to taking a Purified Protein Derivative Test(PPD) to detect tuberculosis (TB). In a previous unpublished opinion, the court held the religious rights of Selam Selah, a prisoner ...

Alabama Jail Conditions Unconstitutional, County Liable

by David M. Reutter


The Court of Appeals for the Elev-enth Circuit has held, in a case with protracted litigation resulting in three opinions of the Court, that the conditions of the Butler County Jail in Greenville, Alabama are so atrocious that Sheriff Diane Harris, the Butler County Commission, and ...

USPC Parole Revocation Policies Violate Due Process

by David M. Reutter


A federal district court for the Dis-trict of Columbia has granted injunctive relief to prisoners challenging the United State Parole Commissions (USPC) unconstitutional policies, which unduly delay revocation of parole proceedings.


The USPC assumed the powers, duties, and jurisdiction of the District of Columbia Board of ...

PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded

by David M. Reutter


A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court had before it the plaintiff's motion for attorney fees and costs after a Settlement Agreement (SA) ...

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 ...