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Articles by David Reutter

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 ...

$731,000 Jury Award to Illinois DOC Prisoner Held 23 Months Beyond Release Date, Over $210k in Fees Awarded As Well

by David M. Reutter

An Illinois federal district court found that a prison records clerk deprived a former prisoner of his liberty and caused him to serve 721 days beyond his sentence. A federal jury awarded the former prisoner $721,000 in compensatory damages and $10,000 in punitive damages.

That result ...

Forced Shaving of Muslim Colorado Prisoner’s Beard Unconstitutional

by David M. Reutter

The Tenth Circuit Court of Appeals reversed the dismissal of a Colorado prisoner’s 42 U.S.C. § 1983 action alleging a guard violated his First and Fourteenth Amendment rights by forcing him to shave off his beard. The court found the prisoner’s complaint stated a claim and ...

PREA: Tackling the Nightmare of Prison Rape

by David M. Reutter

Movies and television often dramatize prison for entertainment purposes, and just as often the dramatizations are unrealistic. One aspect of prison life that cannot be overly dramatized—and is a reality for many of the imprisoned—is the prospect of being raped. For decades now, PLN has chronicled ...

Georgia Enacts Massive Probation Reform Bill

by David M. Reutter

A bill that went into effect on July 1, 2021, allows individuals to access termination of felony probation after three years if they meet certain requirements. The bill impacts up to a quarter of Georgia’s current probationers, creating a huge savings for taxpayers.

Before the bill ...

Protective Order Issued in Florida Solitary Confinement Lawsuit

by David M. Reutter

A Florida federal district court granted a protective order to protect “putative class members from retaliatory, chilling, or harassing conduct” and to prohibit “Defendants from improperly communicating with putative class members about th[e] lawsuit.” The court’s February 8, 2021, order was issued in a lawsuit challenging ...

Eighth Circuit Reverses Dismissal of HRDC Postcard-Only Suit Against Arkansas Jail

by David M. Reutter

The Eighth Circuit Court of Appeals ruled that the postcard only policy of the Baxter County, Arkansas Jail and Detention Center (BCJ) constituted a de facto permanent ban on the First Amendment rights of publishers.

The Court’s June 8, 2021 opinion was issued in an appeal ...

Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case

by David M. Reutter

The Eleventh Circuit Court of Appeals found a Georgia Sheriff’s Deputy employed excessive force by detaining a pretrial detainee “in a hot, unventilated, and unair-conditioned transport van for approximately two hours” and was deliberately indifferent to the detainee’s serious medical needs. The court concluded the deputy ...

Colorado Jail Blows Through $16 Million in COVID Relief Money, Has Outbreak Anyway, Settles ACLU Conditions Suit

by David M. Reutter

Colorado’s El Paso County Jail, the state’s largest jail, received almost $16 million in federal funds to cover costs related to the COVID-19 pandemic. It used most of those funds in jail renovations that were part of a longstanding wish list. Meanwhile, staff and detainees were ...

Local Pennsylvania Voters Ban Solitary Confinement and No-Knock Warrants

by David M. Reutter

Residents of Allegheny County voted to restrict the use of solitary confinement. The ballot measure was overwhelmingly approved during a May 18, 2021 election.

PLN has previously reported on the brutalizing by guards and the improper use of solitary confinement within the Allegheny County Jail (ACJ). ...