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Articles by David Reutter

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), ...

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 ...