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Articles by David Reutter

Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits

by David M. Reutter
On November 11, 2022, the U.S. Court of Appeals for the Eleventh Circuit affirmed dismissal of an Alabama prisoner’s civil rights action that alleged overlong delays in treatment for hernias and post-surgery complications. The case provides a lesson in the proper preparation of affidavits to support ...

Fourth Circuit Affirms Dismissal of “Overbroad” Claim from Federal Prisoner in Virginia, Says Not Allowed Under Bivens

by David M. Reutter
In an opinion issued on December 2, 2022, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court’s dismissal of a federal prisoner’s claim for money damages based on “degenerate” conditions of confinement. The Court found the cause of action was a new ...

Tenth Circuit Affirms Denial of Qualified Immunity to Utah Jailers After Detainee’s Withdrawal Death

by David M. Reutter

On September 7, 2022, the U.S. Court of Appeals for the Tenth Circuit affirmed denial of qualified immunity (QI) to officials at Utah’s Unitah County Jail in a lawsuit accusing them of deliberate indifference in a detainee’s death from complications related to alcohol withdrawal.

Coby Lee ...

Riot and Escape at Nevada Prison Lead to Charges Against Four Guards, Firings or Resignations of Top Officials

by David M. Reutter

Some recreation was suspended at Nevada’s Southern Desert Correctional Center [SDCC] after 20 prisoners got into a brawl on October 10, 2022. The violence carried echoes of a riot involving at least 40 prisoners on December 8, 2021.

Eight of those 40 were indicted on a ...

Fifth Circuit: Texas Prison Property Rules Withstand Scrutiny Under Religious Free-Exercise Clause

by David Reutter

On October 4, 2022, the U.S. Court of Appeals for the Fifth Circuit considered the question: When is cleanliness not next to godliness? In answer, the Court said that the Texas prison system’s rules for storage of a prisoner’s personal property may not be broken, even if ...

Seventh Circuit Revives Indiana Prisoner’s Claim He Was Wrongfully Fired From Prison Commissary for Attending Religious Service

by David M. Reutter

On August 2, 2022, the U.S. Court of Appeals for the Seventh Circuit reversed dismissal of an Indiana prisoner’s claim that he was wrongfully terminated from his job in the prison commissary when he missed work for a religious service he thought he had permission to ...

Illinois Supreme Court Orders State DOC to Fund Required Treatment and Housing for Sex Offender’s Conditional Release

by David M. Reutter

On September 22, 2022, the Supreme Court of Illinois agreed with a former state prisoner that when the state sets conditions for release that he can’t afford, it is obliged to help him meet them as long as it retains him under its custody. In the ...

SCOTUS Helps Revive Malicious Prosecution Claim Against Chicago Police Officers

by Kevin Bliss and David M. Reutter

On July 14, 2022, in a case on remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit agreed that a “result opposite” was dictated to the opinion it had issued in a malicious prosecution case the year ...

Fourth Circuit Reinstates North Carolina Prisoner’s Suit Over Flesh-Eating Infection

by David M. Reutter

On April 19, 2022, the U.S. Court of Appeals for the Fourth Circuit reversed the dismissal of a prisoner’s civil rights complaint, reviving his claims that North Carolina prison officials ignored a flesh-eating infection that left him seriously injured. In the process, the Court also laid ...

$1.455 Million Settlement for Discrimination Against Black Minnesota Jail Guards Barred from Watching Floyd Killer

by David M. Reutter

On August 9, 2022, the Board of Commissioners (BOC) of Minnesota’s Ramsey County approved a payment of $1.445 million to settle a lawsuit alleging Black guards at the county lockup were segregated from the area where Minneapolis Police Officer Derek Chauvin was being held after his ...