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Articles by David Reutter

$275,000 Settlement Reached After Detainee’s Attempted Suicide at Illinois Jail

by David M. Reutter

In April 2021, Illinois’ DuPage County Jail (DCJ) and its Psychiatric Services Medical Director agreed to pay $275,000 to settle a lawsuit brought by detainee Dean Fuerstenberg, who attempted suicide at the jail in November 2013, sustaining permanent injuries.

In his amended civil rights complaint, Fuerstenberg ...

Georgia Sheriff Victor Hill Facing Criminal Trial for Using Restraint Chair to Punish Jail Detainees

by David M. Reutter

Victor Hill, Sheriff of Georgia’s Clayton County, will face a jury trial on September 26, 2022, on seven federal charges of violating the civil rights of jail detainees held in a restraint chair as punishment.

In April 2021, Hill was indicted for the alleged abuse of ...

Eighth Circuit Holds Pornography Policy Unconstitutional as Applied to South Dakota Prisoner, but Denies Relief

by David M. Reutter

Holding that the pornography policy at South Dakota State Penitentiary (SDSP) was unconstitutional as applied to a prisoner, the U.S. Court of Appeals for the Eighth Circuit nonetheless decided it lacked jurisdiction to provide him meaningful relief while also reversing a district court’s finding that the ...

Federal Suit Challenging Iowa DOC Ban on Nude Images Moves Forward, Defendants Denied Summary Judgement on Due Process Claim

by David M. Reutter

Finding a material dispute of fact exists in a lawsuit challenging the constitutionality of a ban in Iowa prisons on sexually explicit materials and materials featuring nudity, a federal district court in the state denied summary judgment to defendant state and prison officials on September 30, ...

$6,500 Settlement After Eleventh Circuit Affirms Denial of Qualified Immunity to Florida Jail Officials Who Repeatedly Opened Detainee’s Legal Mail

by David M. Reutter

On November 12, 2021, a settlement was reached under which four officials at the Duval County Jail (DCJ) in Jacksonville agreed to pay $6,500 to a detainee who alleged they repeatedly opened his legal mail outside his presence. That followed a decision by the U.S. Court ...

California Federal Court Approves Consent Decree Upgrading Mental Health Care at Alameda County Jail

by David M. Reutter

On February 7, 2022, the U.S. District Court for the Northern District of California approved a Consent Decree in a class-action lawsuit filed against the Alameda County Jail in Santa Rita that accused officials there of subjecting “individuals with mental health diagnoses and/or other psychiatric disabilities” ...

Tenth Circuit Says Parolee May Not be Forced to Participate in Religious Program Under Threat of Jail

by David M. Reutter

In a lawsuit alleging prison officials used coercion to force an atheist parolee into participating in Christian programming, the U.S. Court of Appeals for the Tenth Circuit came down on the parolee’s side on August 6, 2021, reversing a lower court’s grant of summary judgment to ...

$260,000 in Attorney Fees Awarded by California Federal Court after Finding Governing State Law Not Impacted by PLRA

by David M. Reutter

After finding the award of attorney’s fees under California’s Code of Civil Procedure is not impacted by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, a federal district awarded $259,237.50 to attorneys for two prisoners who obtained civil verdicts against guards employed by state ...

Eleventh Circuit Says Georgia Prisoner Failed to Exhaust Remedies by Filing Late Grievance to Ask for Investigation that Was Already Underway

by David M. Reutter

Here’s a simple message to prisonersfrom the U.S. Court of Appeals for the Eleventh Circuit: Exhaust your remedies, no matter how redundant they may seem.

That was the key takeaway from the Court’s ruling on August 31, 2021, in which it held that the grievance process ...

Nevada Federal Court Denies Motion to Compel Arbitration by Rapid Financial Solutions in Debit Card Suit

by David M. Reutter

On August 30, 2021, a federal district court in Nevada denied a motion to compel arbitration in a lawsuit alleging that forcing prison release debit cards upon prisoners violates state and federal laws. Chief Judge Miranda M. Du ruled the plaintiff did not assent to the ...