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Articles by David Reutter

$8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital

by David M. Reutter

On September 19, 2023, the Commonwealth of Virginia, the County of Henrico and its Sheriff Alisa A. Gregory agreed to pay $8.5 million to settle claims arising from the death of Ivo Otieno, 28, at Central State Hospital (CSH) in Petersburg.

As PLN previously reported, Otieno ...

Fifth Circuit Finds Louisiana Prisoner’s Solitary Confinement Not Sufficiently “Atypical” to Violate the Constitution

by David M. Reutter

On September 25, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed dismissal of Louisiana prisoner Brandon LaVergne’s Eighth Amendment claim, finding the alleged restrictions on his visitation and email access while in “restricted custody”—solitary confinement—were not so bad that they were unconstitutional.

The ...

Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard

by David M. Reutter

On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed denial of qualified immunity (QI) to Anne Precythe, Director of the Missouri Department of Corrections (DOC), in an Eighth Amendment complaint filed by a state prisoner accusing Precythe of failing to protect ...

Overcrowded and Understaffed, Oklahoma County Jail Remains “Deplorable”

by David M. Reutter

A headline in the August 1965 edition of The Daily Oklahoman said that then-Sheriff Bob Turner of Oklahoma County “denies his jail’s ‘deplorable.’” A new jail was later built, but almost six decades later, a surprise inspection of the lockup in downtown Oklahoma City by the ...

Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner

by David M. Reutter

On April 24, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed a lower court and granted qualified immunity (QI) to officials with Missouri’s Department of Corrections (DOC) in a state prisoner’s complaint accusing them of violating his due process rights with a false ...

Unsealed Settlement Reveals PrimeCare Medical Paid $337,500 After Pennsylvania Prisoner’s Suicide

by David M. Reutter

On July 12, 2023, the U.S. District Court for the Eastern District of Pennsylvania unsealed the settlement agreement between PrimeCare Medical and the Estate of Charles Freitag.

As PLN reported, Freitag, 57, committed suicide on August 25, 2018, at the Bucks County Correctional Facility (BCCF), one ...

Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee

by David M. Reutter

On August 15, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal of a paraplegic Arkansas jail detainee’s deliberate indifference and conditions of confinement claims, while reviving claims under the American with Disabilities Act (ADA), 42 U.S.C. ch. 126 § 12101 et. seq.

The ...

Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000

by David M. Reutter

On August 7, 2023, the U.S. Court of Appeals for the Seventh Circuit reversed summary judgment for Defendant Wisconsin prison officials in a prisoner’s lawsuit that alleged a due process violation when he was deprived of an impartial disciplinary hearing decision maker.

Terrance Prude helped a ...

Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard

by David M. Reutter

On August 14, 2023, the U.S. District Court for the Middle District of Florida awarded a permanent injunction to state prisoner Owen D. Denson, a Muslim known as Abdul Hakeen Jahmal Naseer Shabazz, permitting him to “maintain an untrimmed beard” without being “subject to any disciplinary ...

Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit

by David M. Reutter

On August 24, 2023, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s orders granting California prisoners a pair of 12-month extensions to a Settlement Agreement reached in 2015 with the state Department of Corrections and Rehabilitation (CDCR) to end the practice ...