by David M. Reutter
On May 23, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner whose complaint was dismissed for failure to exhaust administrative remedies need not file a new suit after completing that task. Rather, a supplemental pleading is sufficient, the Court said, ...
by David M. Reutter
Is it unconstitutional to deprive a mentally ill prisoner of exercise for three years? In Illinois, the answer is no, according to two of three judges on a panel for the U.S. Court of Appeals for the Seventh Circuit – a decision the full Court then ...
by David M. Reutter
On November 21, 2021, a federal lawsuit filed by an Illinois prisoner against officials with the state Department of Corrections (DOC) was dismissed, after the state agreed to pay $3,500 to settle his claims that staff’s persistent refusal to provide proper medical care for an arm ...
by David M. Reutter and Ed Lyon
On September 6, 2022, the Richland County Court of Common Pleas granted an injunction in a challenge brought by four condemned South Carolina prisoners to 2021 state legislation making electrocution the default method of execution unless a prisoner opts instead for lethal injection ...
by David M. Reutter
On April 28, 2022, the Michigan Supreme Court held that possession of a cell phone by a prisoner may not justify an enhanced sentence under the state criminal code unless the facts also establish that the prisoner’s conduct actually threatened prison security. That drew a sharp ...
by David M. Reutter
On May 26, 2022, the SupremeCourt of North Dakota vacated a state prisoner’s conviction for aggravated assault of a guard because the trial court committed error by instructing the jury on the wrong law under which he was charged.
While held at the North Dakota State ...
by David M. Reutter
On April 20, 2022, the U.S. Department of Justice (DOJ) issued a report finding conditions at the Mississippi State Penitentiary in Parchman likely violate the Eighth and Fourteenth Amendment rights of the prisoners held there. DOJ is reportedly working with the state Department of Corrections (DOC) ...
by David M. Reutter
On April 5, 2022, the U.S. Court of Appeals for the Tenth Circuit held that a conviction for federal witness tampering requires an affirmative answer to two questions: (1) Did the defendant contemplate a particular proceeding in which the witness would testify and (2) was it ...
by David M. Reutter
On July 7, 2022, a federal judge for the Southern District of Mississippi levied a $6,000 sanction against a federal prosecutor for lying about his COVID-19 vaccination status.
When Assistant U.S. Attorney Theodore “Ted” Cooperstein was quizzed on three appearances before Judge Carlton W. Reeves on ...
by David M. Reutter
On April 28, 2022, the Nebraska Supreme Court held that a lower state court erred in denying good time credit when resentencing a state prisoner who had violated the terms of his post-release supervision (PRS).
The Court’s opinion was issued in an appeal by Joshua J. ...
