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Articles by David Reutter

Nonviolent Michigan Offenders Can Seek Expungement Under New Law

A recently-enacted Michigan law allows an offender convicted of a nonviolent felony or two misdemeanors to ask a judge to expunge their criminal record. The expungement bill had been in the works for several years before it was passed in a lame-duck session in December 2014.

The new statute amends ...

California Jail’s Psychotropic Medication Policy Leads to Lawsuit, Settlement

Cost cutting is a staple of most prison and jail systems. However, a mid-2007 decision by California’s Fresno County Jail (FCJ) to restrict psychotropic drugs for prisoners turned out to be a short-sighted exercise that resulted in human suffering and financial costs far exceeding any savings.

FCJ was accredited in ...

Hawaii Prisons Experience Security Failures, Other Troubling Incidents

Operations and management at two Hawaii prisons are under scrutiny following a series of incidents over the past several years that have ranged from prisoner deaths and escapes to sexual harassment by staff members and the beating of a prisoner that resulted in criminal charges.

Five deaths during a two-month ...

Fourth Circuit Finds 20 Years in Solitary an Atypical and Significant Hardship

On July 1, 2015, the Fourth Circuit Court of Appeals found the “20-year period of solitary confinement” endured by a South Carolina prisoner “amounts to an atypical and significant hardship in relation to the general population and implicates a liberty interest in avoiding security detention.” It also found a triable ...

Excited Delirium Syndrome: Medical Condition or Cover-Up?

Debate is quietly raging within the medical and law enforcement communities about a diagnosis first identified more than 160 years ago which more recently has become associated with the deaths of people in police custody, many of whom were involved in physical altercations with officers or shocked with Tasers before ...

Architects’ Ethics Panel to Consider Boycott of Execution Chambers and Prison Design

by David Reutter

An advocacy group composed of architects, building designers and planners is hailing a decision by the National Ethics Council of the American Institute of Architects (AIA) to reconsider a proposal to prohibit its members from designing “execution chambers and spaces intended for torture or cruel, inhuman, or ...

Pepper-spraying Sleeping Prisoner Unconstitutional, but Case Loses at Trial

The Sixth Circuit Court of Appeals held that “using a chemical agent in an attempt to wake a sleeping prisoner, without apparent necessity and in the absence of mitigating circumstances, violates clearly established law.” The ruling came in an interlocutory appeal filed by a Michigan prison guard.

Prisoner Nicholas Roberson ...

Defense Verdict in Kentucky Prisoner’s Death; Appellate Court Reverses

A Kentucky state jury found for the defendants in a lawsuit alleging a jail guard and nurse failed to monitor and treat a pretrial detainee’s serious medical condition, resulting in her death. Recently, however, the Court of Appeals reversed and remanded for a new trial.

Melissa Czaja, 34, was arrested ...

$5,000 Award for Failure to Treat Spider Bite

An Arkansas federal jury awarded $5,000 to a prisoner in an Eighth Amendment failure to treat claim.

While in the Jackson County Jail on a warrant for failure to pay child support, Hubert Wren was bitten by a brown recluse spider. The area around the wound began to swell, causing ...

Medication Discontinuation by Private Medical Vendor Affects Administration of Justice

A private medical vendor’s discontinuation of a pre-trial detainee’s psychotropic medication in the middle of a double-homicide trial was being called government misconduct that merited dismissal of the charges.

Michael John Pierce, 39, suffers from schizophrenia. He was charged in the murders of two people in their Quilcene, Washington residence ...