by David M. Reutter
In June 8, 2023, the Supreme Court of Appeals of West Virginia held that the Medical Professional Liability Act (MPLA), W. Va. Code §§ 55-7B-1 to 12, does not apply to the state Division of Corrections and Rehabilitation (DCR).
Before the court was a motion by DCR ...
by David M. Reutter
On July 31, 2023, the U.S. Court of Appeals for the Eleventh Circuit rejected an argument by the Florida Department of Corrections (DOC) that a state prisoner’s suit should be dismissed because he was required to file a Petition to Initiate Rulemaking before proceeding to court. ...
by David M. Reutter
On December 20, 2022, the Texas Department of Criminal Justice (TDJC) said that a prisoner reported missing the day before at the Stiles Unit in Beaumont had been “found within the prison’s perimeter fence.” But in a letter to PLN, fellow prisoner David W. Jones challenged ...
by David M. Reutter
As of March 2023, a long-term California prisoner now paroled had received settlements totaling $26,500 in two lawsuits that alleged his First Amendment rights were violated when prison officials took retaliatory actions because of grievances and litigation he filed.
The most recent victory for Jared M. ...
by David M. Reutter
On May 1, 2023, the U.S. Court of Appeals for the Sixth Circuit reversed the grant of summary judgment to a NaphCare nurse accused of deliberate indifference to a pretrial detainee’s sickle cell disease that resulted in his death at Ohio’s Hamilton County Justice Center. But ...
by David M. Reutter
On May 17, 2023, the U.S. Court of Appeals for the Eleventh Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997 e, does not apply to an action filed in state court and removed to federal court by the defendants. The Court had ...
by David M. Reutter
On August 14, 2023, the federal court for the Southern District of Florida issued its latest ruling in a long-running case brought by detainees at the Broward County Jail exposed to a risk of COVID-19 infection during the pandemic. Overruling Plaintiffs’ objections, the Court adopted the ...
by David M. Reutter
On May 25, 2023, the Supreme Court of the United States (SCOTUS) held that a post-trial motion is required only to preserve findings of fact for appellate review—not a purely legal question resolved at summary judgment. The high court accepted the case on January 13, 2023, ...
by David M. Reutter
On May 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed dismissal of a Texas prisoner’s civil rights complaint that alleged prison staff delayed and impeded his access to emergency medical care after the onset of his stroke symptoms. The Court found the ...
by David M. Reutter
On May 4, 2023, the U.S. Court of appeals for the Seventh Circuit reversed the grant of summary judgment against a federal prisoner in Indiana who claimed he was subjected to a physical assault for filing grievances. But the Court affirmed judgment on two other claims ...
