by David M. Reutter
On December 11, 2021, New Mexico’s First Judicial District Court, County of Santa Fe, denied a motion to dismiss a suit filed by the Human Rights Defense Center (HRDC), publisher of Prison Legal News (PLN) and Criminal Legal News (CLN), against Centurion Correctional Healthcare of New …
by David M. Reutter
On August 14, 2020, a federal judge in Colorado refused to set aside a judgment for a state prisoner who won $180,002 the year before when a jury agreed that guards retaliated against him for exercising “his right to grieve/complain.” Then the court added another award …
by David M. Reutter
In a ruling issued on January 19, 2021, the U.S. Court of Appeals for the Second Circuit ruled that a lower court erred in dismissing a prisoner’s due process claim on grounds he abandoned it on appeal. The district court also erred in proceeding as if …
by David M. Reutter
On Dec. 4, 2020, a federal district court in New York awarded $175,000 to a former state prisoner who was imprisoned for 686 days as a result of an unconstitutionally imposed term of post-release supervision (PRS).
The prisoner, Shawn Michael Vincent, entered into a plea agreement …
by David M. Reutter
A California federal district court approved a $53 million settlement in a class action lawsuit alleging women held by the Los Angeles County Sheriff’s Department (LASD) were subjected to “highly invasive body cavity searches” from March 5, 2008 to January 1, 2015. [See: PLN, Dec …
by David M. Reutter
The Ninth Circuit Court of Appeals reversed a grant of summary judgment to a jail nurse, holding that it was clearly established at the time of the events relevant to the lawsuit under review that an arrestee being booked into jail had a constitutional right to …
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 …
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 …
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 …
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 …