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Articles by David Reutter

Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief

by David M. Reutter

The Eleventh Circuit Court of Appeals held that “the entry of a permanent injunction is necessary to prevent a preliminary injunction from expiring by operation of law after 90 days under the PLRA’s (Prison Litigation Reform Act) ‘unless’ clause.” That holding resulted in the Court vacating ...

Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies”

by David M. Reutter

The Sixth Circuit Court of Appeals affirmed the dismissal of a prisoner’s civil rights complaint because it was filled with “pages of irrelevant and unspecific allegations.” The Court said that in drafting a complaint, a “plaintiff must not append so many limbs and outward flourishes to ...

Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense

by David M. Reutter

The Third Circuit Court of Appeals reversed the grant of summary judgment in a lawsuit against a guard at New Jersey’s Cumberland County Jail (CCJ). The Court held the guard was not entitled to qualified immunity because it was clearly established at the time of the ...

$750,000 Settlement in South Carolina Pretrial Detainee’s Suicide by Southern Health Partners

by David M. Reutter

On June 17, 2021, Southern Health Partners paid $750,000 to resolve a lawsuit alleging it failed to take proper steps in caring for a pretrial detainee who entered South Carolina’s Marlboro County Jail with a prescription drug addiction.

Roy Locklear, 30, had a history of drug ...

Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money

by David M. Reutter

An Arkansas federal district court issued a preliminary injunction that bars the Arkansas Department of Corrections (ADC) from carrying out a state law that confiscates prisoners’ stimulus money and distributes it to the state.

The Court’s September 3, 2021, order was issued in a lawsuit brought ...

Georgia Sheriff Suspended After Indictment on Federal Civil Rights Charges

by David M. Reutter

Clayton County Sheriff Victor Hill was suspended by Georgia Gov. Brian Kemp following the review of a federal civil rights indictment that charged Hill with ordering excessive use of force against detainees.

Kemp’s June 2, 2021 administrative order was issued after a commission he ordered in ...

Kentucky’s Prison HCV Policy of Monitoring Without Treatment Constitutional

by David M. Reutter

The Sixth Circuit Court of Appeals, in an unpublished opinion, held that the Kentucky Department of Corrections (KDOC) policy of refusing to provide Direct-Acting Antivirals (DAAs) to all prisoners infected with hepatitis C virus (HCV) is constitutional. The Court found that because KDOC provides regular monitoring ...

Hackers Breach Thousands of Security Cameras

by David M. Reutter

An international group of hackers gained access to the security cameras at 68 organizations that use Silicon Valley start-up Verkada, Inc. They got into cameras at schools, prisons, police departments, hospitals, and other companies.

The incident was reported in March 2021 after a hacker identified as ...

HRDC Prevails Over Wellpath as Vermont Supreme Court Rules Private Contractor Must Release Public Records

by David M. Reutter

The Vermont Supreme Court concluded that under the Public Records Act (PRA) when “the state contracts with a private entity to discharge the entirety of a fundamental and uniquely governmental obligation owed to its citizens, that entity acts as an ‘instrumentality’ of the State.” That conclusion ...

Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist

by David M. Reutter

The Second Circuit Court of Appeals reversed the dismissal of a former federal prisoner’s complaint brought pursuant to the Federal Tort Claims Act (FTCA). The court concluded that a state rule that requires an affidavit of merit to state a claim for medical negligence does not ...