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Articles by David Reutter

Resistance to Bail Reform Powered By Untruthful Scaremongering

by David M. Reutter

A July 10, 2023, report by Prison Policy Initiative (PPI) showed that measures of public safety after cash bail reform reflected “decreases or negligible increases in crime or re-arrest rates.” The report revealed that the type of pretrial reform did not matter, the results were the ...

Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification

by David M. Reutter

On July 17, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed denial of qualified immunity (QI) to Louisiana Department of Public Safety and Corrections (DPSC) Secretary James LeBlanc in a prisoner’s claim alleging his misclassification as a sex offender illegally extended his sentence ...

Restorative Justice Program Boosts South Carolina Prison and Public Safety

by David M. Reutter

Assistant U.S. Attorney General Amy L. Solomon, Director of the U.S. Justice Department’s Office of Justice Programs (OJP), and National Institute of Justice (NIJ) Director Nancy La Vigne visited South Carolina’s Turbeville Correctional Institution (TCI) in June 2023 to inspect the Community Opportunity Restoration Enhancement (CORE) ...

Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional

by David M. Reutter

On July 24, 2023, the U.S. Court of Appeals for the Fifth Circuit concluded that “precedents conclusively establish that the use of a taser on a non-threatening and cooperative subject is an unconstitutionally excessive use of force.” The Court, therefore, reversed summary judgment for a Texas ...

Third Circuit Revives Claim by Federal Prisoner in Pennsylvania that Delayed Cancer Treatment Cost Him a Testicle

by David M. Reutter

In a precedential opinion issued on August 21, 2023, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner incarcerated in the state need not satisfy a state-law requirement for a certificate of merit in order to proceed with a medical malpractice ...

Almost $950,000 Paid by Inmate Services Corp. for Hellish Prisoner Transports

by David M. Reutter

On September 30, 2023, the federal court for the Eastern District of Arkansas gave final approval to a settlement agreement under which for-profit prisoner transport firm Inmate Services Corp. (ISC) agreed to pay a total of $949,379.48 to resolve claims that it violated the constitutional rights ...

$10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing

by David M. Reutter

The federal court for the Middle District of Louisiana found on July 18, 2023, that a guard at Elayn Hunt Correctional Center (EHCC) violated a prisoner’s Eighth Amendment rights by failing to intervene when he was assaulted by another prisoner. After a bench trial, the Court ...

$9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards

by David M. Reutter

On June 28, 2023, Florida prisoner Quincy Williams reached a settlement with the state and its Department of Corrections (DOC), which agreed to pay him $9,000 to resolve claims he was retaliated against—repeatedly—for exercising the right to grieve his conditions of confinement. The case illustrates the ...

Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions

by David M. Reutter

Observing that “Eighth Amendment claims for the deprivation of medical care are not analyzed body-part by body-part,” the U.S. Court of Appeals for the Second Circuit ruled on July 14, 2023, that a lower court erred in dismissing a Connecticut prisoner’s claim he was for years ...

West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage

by David M. Reutter

On June 9, 2023, the Supreme Court of Appeals of West Virginia affirmed denial of defendant state prison officials’ motion to dismiss all but a negligent supervision and training claim that arose from a sexual and physical assault on a pretrial detainee at Potomac Highlands Regional ...