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Articles by David Reutter

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), ...

Alabama Prisoner Convicted of Kidnapping Minor Can be Labeled Sex Offender

The Eleventh Circuit Court of Appeals held that an Alabama prisoner failed to state a claim against the Alabama Department of Corrections (ADOC), when he alleged that its application of a 2011 sex offender (S.O.) statute to his 2005 conviction violated his procedural and substantive due process rights and his ...

Kansas Uniform Trust Code Established Exclusive Venue For Prison Trust Fund Proceedings

by David Reutter

The Kansas Supreme Court held that a prison trust fund is an actual trust, subject to the provisions of the Kansas Uniform Trust Code (KUTC), therefore the lower courts erred in applying a general statute to establish venue instead of the specific statute that assigned exclusive venue. ...

Class Action Member May File Independent Suit to Protect Individual Need

by David Reutter

A California federal district court granted limited injunctive relief to a state prisoner in a deliberate indifference suit against the California Correctional Training Facility (CTF) doctors. The court held that an individual member of a pending class action suit was not barred from seeking relief on individual ...

Prison Tattoos Tell a Story

by David M. Reutter

Tattoos are virtually a rite of prison passage, and the designs, where they are placed and what they signify often have more meaning than just self-expressive body ink.

Once considered taboo, tattoos have gained wider acceptance in today’s society, especially among the younger generation. About 23% ...

Louisiana Death Sentence Reversed, Charges Dismissed, Lawsuit Filed

by David M. Reutter

Following the reversal of his homicide conviction by the Louisiana Supreme Court in November 2016, death row prisoner Rodricus Crawford, 29, was released on $50,000 bond after serving three years in prison. A new prosecutor reviewed the case and, on April 14, 2017, announced the dismissal ...

Tennessee: High Cost of Drugs Cited as Reason to Deny Prisoners Hep C Treatment

by David M. Reutter

Tennessee prison officials “turn a blind eye” to the medical needs of prisoners infected with the hepatitis C virus (HCV), a class-action lawsuit filed in July 2016 alleges. While it is likely that almost half of all Tennessee state prisoners have the disease, prison officials cite ...

Georgia Prison Doctor Rewarded for Cutting Costs as Prisoners Died Under His Care

by David M. Reutter

In September 2015, a Georgia prison doctor was fired for lying on his employment application. The misrepresentations were uncovered earlier that year during an investigation by the Atlanta Journal Constitution (AJC) into the deaths of nine female prisoners under the doctor’s care. He was cited in ...

Michigan Court Forced to End “Pay or Stay” Policy

by David Reutter

A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs.

The ACLU of Michigan assigned interns and fellows to watch the court proceedings ...