by David Reutter
In December 2017, a Pennsylvania Superior Court affirmed a conviction for possession of contraband by a state prisoner. The court rejected the prisoner’s claim that the evidence was insufficient to support the conviction, as testimony presented at trial indicated the contraband had been retrieved from the prisoner’s ...
by David M. Reutter
Following an onslaught of pressure from the public and action by the Florida legislature’s Joint Administrative Procedures Committee (JAPC), the Florida Department of Corrections (FDOC) was forced to withdraw a rule proposal to reduce in-person visitation time by half.
At an initial April 3, 2018 public ...
by David Reutter
The Eleventh Circuit Court of Appeals affirmed a Georgia federal district court’s grant of judgment of law for Corrections Corporation of America, now known as CoreCivic, in a lawsuit alleging it failed to take prompt remedial action against sexual harassment.
Felecia Wilcox worked for CCA’s federal prison, McRae ...
by David Reutter
The Sixth Circuit Court of Appeals held on January 22, 2018 that civil rights actions brought under 42 U.S.C. § 1983 are considered personal injury claims. With that principle established, the Court found that such a claim can survive a plaintiff’s death and allow for party substitution ...
by David Reutter
In February 2018, the Ninth Circuit Court of Appeals held that the Prison Litigation Reform Act’s administrative exhaustion requirement justifies the tolling of the statute of limitations, but not the creation of a new accrual time.
Arizona prisoner Angel Soto filed suit over an April 2010 incident ...
by David Reutter
The Tenth Circuit Court of Appeals affirmed a $25,000 verdict in a civil rights action alleging the sheriff in Tulsa County, Oklahoma was deliberately indifferent to conditions that resulted in a 17-year-old prisoner being repeatedly sexually assaulted by a guard.
The lawsuit concerned events that occurred between ...
by David Reutter
The Seventh Circuit Court of Appeals held that an Indiana federal district court erred in dismissing a prisoner’s civil rights action for failure to exhaust administrative remedies. The Court held the record indicated the prisoner was prevented from filing a grievance due to mixed or improper instructions ...
by David M. Reutter
In December 2017, a Louisiana federal district court declared that the Orleans Parish Criminal District Court (OPCDC) had violated the constitutional rights of defendants by jailing them for failure to pay fines and fees without first determining their ability to pay. The federal court further found ...
by David Reutter
The District of Columbia Court of Appeals held that privacy interests in not disclosing a 20-year-old proposed termination letter for a previous Assistant U.S. Attorney (AUSA) outweighed the pubic interest under exemption 5 U.S.C. § 552(6)(6).
Howard Bloomgarden, represented by attorney Torrence E.S. Lewis, filed a Freedom ...
by David Reutter
A North Carolina federal district court has voided a contract between death row exoneree Henry McCollum and his lawyer. The court’s unusual move was based on evidence that due to his low IQ, McCollum was vulnerable to manipulation.
As previously reported in PLN, McCollum and his brother, ...
