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Articles by David Reutter

District Court Held IFP Not Available on Appeal of Third Strike

by David Reutter

The Third Circuit Court of Appeal denied an indigent prisoner's motion to proceed forma pauperis (IFP) on appeal from dismissal of a third frivolous civil complaint. The court held that the denial was mandated by the plain language of the Prison Litigation Reform Act (PLRA) 28 U.S.C. § ...

Virginia Mentally-Ill Man’s Death by Deterioration in Jail Cell Exhibits Policy Failures

by David M. Reutter

The death of a mentally-ill Virginia man jailed on a misdemeanor and confined in isolation while awaiting transfer to a psychiatric hospital exhibits the folly of current policies in dealing with those who have psychological disorders and run afoul of the law.

Jamycheal Mitchell, 24, had ...

New Food Vendor, Same Old Problems in Michigan Prisons

A new food contractor maintained relative peace for the first few months, but in the face of poor meals, Michigan prisoners have staged a protest.

As PLN reported, the Michigan Department of Corrections (MDOC) was forced in 2015 to end its contract with Aramark Correctional Services after several protests and ...

Health Care Crisis Declared at Florida Women’s Reception Center; Voids Contract

by David M. Reutter

Florida’s Correctional Medical Authority (CMA) declared a health care emergency at the Florida Women’s Reception Center (FWRC).  The crisis at FWRC is just another red flag since Florida officials privatized it in 2013.

CMA conducted an audit of FWRC between September 15-17, 2015.  The number and ...

Efforts to End “Scourge of Money Bail” Meeting with Success

By David M. Reutter

The initiative by Equal Justice Under Law to end the incarceration pending trial of persons too poor to post bail is reaping positive outcomes.  Each day, there are about 500,00 human beings who languish in an American jail due to their inability to post a money ...

South Carolina’s Treatment of Mentally Ill Unconstitutional

by David M. Reutter

A South Carolina Court of Common Pleas found the South Carolina Department of Corrections’ (SCDC) “mental health system exposes seriously mentally ill inmates to a substantial risk of serious harm.”

The court began its order by stating that of the 70,000 cases that has come before ...

Illinois Prisoner Granted Transfer in Injunctive Relief in Rare Ruling

by David Reutter

The U.S. Southern District Court of Illinois granted a preliminary injunction for prisoner Calvin Mitchell as failed against Correctional Officer Stephen Baker and Warden Kim Butler. The order required that Mitchell be transferred away from the Menard Correctional Center for protection against Baker's threats and assaults against ...

Negligent Handling of Property Not Barred by Sovereign Immunity

by David Reutter

The Commonwealth Court of Pennsylvania affirmed a trial court's denial of Stephen Palmer's claim of "conversion" of his personal property by the Pennsylvania Department of Corrections (DOC). It reversed and remanded his claim of negligent handling of that property.

Palmer, a DOC prisoner, complained that the actions ...

South Dakota Res Judicata Ban of State Constitutional Due Process Claim Upheld

by David Reutter 

The South Dakota Supreme Court upheld a trial court's summary judgment dismissing a wrongful death suit brought by Lynette Johnson (Johnson) against the South Dakota Department of Corrections (DOC) and several of its officials. It held that there was no evidence of extreme or outrageous conduct ...

Minnesota Supreme Court Declares "Exoneration-Compensation Statute" Unconstitutional

The Minnesota Supreme Court held that its reversal on appeal of a second degree manslaughter conviction, standing alone, did not qualify as an "exoneration" under Minn. Stat. § 590.11. Simultaneously, the court held that § 590.11 was irrational and violated the Constitutional Equal Protection provisions. The court severed § 590.11(1)(1)(i), ...