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Articles by David Reutter

Vermont Hep-C Settlement Agreement Provides Direct-Acting Antivirals to Infected Prisoners

by David M. Reutter

A settlement agreement setting out guidelines for care that the Vermont Department of Corrections (DOC) will provide to prisoners with Hepatitis-C was finalized on May 14, 2021, calling for enhanced screening of incoming prisoners and altering policies and procedures governing who can receive Direct-Acting Antiviral (DAA) …

Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA

by David M. Reutter

In a ruling on September 27, 2021, the U.S. Court of Appeals for the Third Circuit held that a “mixed dismissal” of a Pennsylvania prisoner’s civil rights action does not count as a strike under the Prison Litigation Reform Act of 1996 that would prevent him …

$1 Million Settlement in Inadequate Nutrition Class-Action Against New York Jail

by David M. Reutter

On June 2, 2021, a federal district court in New York approved an agreement by Montgomery County to pay $1 million to resolve a federal class-action lawsuit alleging it provided inadequate nutrition to people held at its jail. The agreement includes an additional $317,083.22 in fees …

Wellpath Founder and CEO Pleads Guilty to Federal Bribery Charges

A lesson in why privatized prison health care is the wrong answer

by David M. Reutter

On Friday, January 18, 2022, three days before sentencing in a pay-to-play bribery and corruption scandal involving health care at the city jail in Norfolk, Virginia, attorneys for disgraced former sheriff Bob McCabe filed …

$500,000 Default Judgment for Tennessee Woman Sexually Assaulted by Probation Officer

by David M. Reutter

On March 17, 2021, a federal district court in Tennessee awarded a $500,000 default judgment, plus another $60,863.75 in attorney’s fees, to a woman who alleged in a lawsuit that her probation officer sexually assaulted her.

The order from the U.S. District Court for the Eastern …

Settlement Reached to Protect Hawaii Prisoners from COVID-19

Just in Time for the ‘Omicron Winter’

by David M. Reutter

On November 10, 2021, one day before first detection of the Omicron variant of the coronavirus that causes COVID-19, a federal district court in Hawaii approved a settlement in a lawsuit filed over the response to the pandemic by …

Michigan Prisons Ordered to Provide Jewish Prisoners Meat and Dairy on Sabbath and Holidays; Sixth Circuit Affirms

by David M. Reutter

On October 12, 2021, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s judgment in favor of Michigan prisoners who sought a kosher meal with meat and dairy on the Jewish Sabbath and four important Jewish holidays, as well as cheesecake on …

Settlement Reached in Lawsuit Alleging Inadequate COVID-19 Response at Maryland Jail

by David M. Reutter

Under a settlement agreement reached on August 23, 2021, officials at the Prince George’s County Jail in Maryland agreed to a raft of safety protocols overseen for at least four months by an independent monitor in order to protect detainees and prisoners from COVID-19.

The agreement …

Seventh Circuit Reinstates Illinois Prisoner’s Suit Over ‘Orange Crush’ Shakedown

by David M. Reutter

The U.S. Court of Appeals for the Seventh Circuit held on August 25, 2021, that a district court erred in dismissing a state prisoner’s pro se lawsuit by failing to make a finding that the plaintiff willfully abused the judicial process or otherwise conducted the litigation …

All Writs Act Provides Authority for Medical-Imaging Transport Order for Condemned Ohio Prisoner Challenging His Conviction; Certiorari Granted

by David M. Reutter

On August 26, 2021, the U.S. Court of Appeals for the Sixth Circuit agreed with a district court that an Ohio state prisoner must be transported to a medical center for neurological imaging that may bolster his challenge to his capital murder conviction.

The prisoner, Raymond …