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 ...
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 ...
by David M. Reutter
The Indiana Supreme Court held that a prisoner who was erroneously released early “is entitled to credit time as if he were still incarcerated during the period he was erroneously at liberty.”
The court’s June 21, 2021 opinion was issued in an appeal brought by Jordan ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
