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Articles by David Reutter

Eleventh Circuit: Expiration of Preliminary Injunction Moots Appeal

The Eleventh Circuit Court of Appeals dismissed as moot an appeal by the Florida Department of Corrections (FDOC) that challenged a preliminary injunction regulating its provision of kosher meals to prisoners. The appellate court also vacated orders by the district court that clarified its injunction.

As previously reported in PLN, ...

Arkansas Prisoner Prevails in Excessive Force Case

A prisoner who was subjected to excessive force and denied due process at the Pike County Detention Center in Murfreesboro, Arkansas received $501 plus court costs following a summary judgment order and settlement agreement.

Prisoner Alan C. Onstad was caught by jail guard Jack Naron passing love notes to female ...

Last Member of “Angola 3” Released from Louisiana Prison after 44 Years

The last remaining member of the “Angola 3” – believed to have served the longest term in solitary confinement in the United States – was released from prison after almost 44 years, while consistently maintaining his innocence in the 1972 murder of a guard at the Louisiana State Penitentiary in ...

PLN Obtains Confidential CCA Litigation Records in Tennessee

There are many arguments against the privatization of prisons, jails and other detention facilities. Over the years, Prison Legal News has published numerous articles detailing the problems with having a for-profit company fulfill the essential governmental function of incarceration – including higher levels of violence, higher average recidivism rates, lack of public accountability and, in some cases, outright corruption and fraud.

Such reporting has revealed common factors in the private prison industry that have contributed to deficiencies at for-profit prisons, such as inadequate staffing, inexperienced and low-paid guards, high staff turnover rates and inadequate medical care.

For private prison companies, their business model of cutting costs in order to generate profit unsurprisingly results in occasional lawsuits – “occasional” because engaging in litigation is a daunting task filled with procedural hurdles and complexities that are beyond the ability of the average prisoner, as most lack even a high school education. And in cases where a prisoner is rendered incapacitated or dies, a legal action seeking to hold a private prison firm accountable only results if there are family members willing to seek justice on the prisoner’s behalf.

However, when confronted with a lawsuit that reaches the point of an impending trial ...

Settlements in St. Louis Jail Detainee’s Heroin Withdrawal Death

The City of St. Louis, Missouri and Correctional Medical Services (CMS, now Corizon Health) both agreed to pay settlements in a lawsuit filed by the estate of a jail detainee who died due to heroin withdrawal.

Upon being booked into a St. Louis jail in July 2007, Isaac Bennett, Jr. ...

Settlement Ends Montgomery, Alabama Debtor’s Prison

Debtor’s prison has come to an end in the city of Montgomery, Alabama. Following a federal district court’s grant of a preliminary injunction requiring the city to correct its unconstitutional practice of jailing people who could not afford to pay fines, the city capitulated and entered into an extensive settlement ...

Staff-on-Prisoner Sexual Abuse Persists in New York Prisons

The Second Circuit Court of Appeals held on August 11, 2015 that guards who subject prisoners to sexual fondling may violate the prisoners’ constitutional rights. The ruling came in the wake of media reports that the New York Department of Corrections and Community Supervision (DOCCS) has high rates of staff-on-prisoner ...

Vermont’s Policy of Sending Prisoners Out-of-State Found Unconstitutional

A Vermont Superior Court held the policy of the Vermont Department of Corrections (VDOC) to send hundreds of male prisoners to out-of-state facilities, regardless of whether they have close bonds with their young children, while keeping all women prisoners at in-state facilities, violates the equal protection clause and common benefits ...

Minnesota Civil Detainee Raped by Cellmate Receives $203,000 Settlement

The state of Minnesota agreed to a $203,000 settlement in a lawsuit brought by a civil detainee at the Minnesota Sex Offender Program (MSOP) that alleged a policy or custom of disregarding patient safety, resulting in the detainee suffering “a brutal physical and sexual assault by his roommate.”

MSOP detainee ...

$725,000 Award for Eye Loss Caused by Guard’s Assault

A New York Court of Claims awarded $725,000 to a prisoner who lost an eye after being attacked by a jail guard.

Prisoner Warren Davis, 31, suffers from keratoconus, a congenital eye condition in which the cornea changes from a spherical to a more conical shape, adversely affecting vision. The ...