Native American Prisoners Have Right to Tobacco in Religious Ceremonies
by David Reutter
The Eighth Circuit Court of Appeals has affirmed a South Dakota federal district court’s order holding that Native American prisoners have a right under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to use tobacco during ...
For Shame! Public Shaming Sentences on the Rise
by David M. Reutter
Punishments intended to shame offenders for wrongdoing, popular throughout history, are once again on the rise – particularly as penalties imposed by judges who enjoy seeing their names in the newspaper or on television due to their “creative” ...
Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees
by David Reutter
On April 24, 2014, the Eighth Circuit Court of Appeals affirmed the denial of summary judgment to jail guards accused of using excessive force on pre-trial detainees while quelling a riot. However, the appellate ...
Pennsylvania’s Megan’s Law Struck Down, Some Prisoners Released
by David M. Reutter
In December 2013, the Pennsylvania Supreme Court struck down the state’s version of Megan’s Law, holding the legislature had violated the “single subject” rule of the Pennsylvania Constitution.
The Court’s ruling resulted from an appeal filed by James ...
Florida Supreme Court: Review of Parole Commission Revocation Order Limited
by David M. Reutter
On January 23, 2014, the Florida Supreme Court quashed an appellate court’s order because it exceeded the scope of second-tier review of a prisoner’s habeas corpus petition challenging the revocation of his conditional release.
The petition, ...
Georgia: Mandamus Available to Compel Law Library Access
by David Reutter
he Georgia Supreme Court held in February 2014 that a trial court erred in denying the filing of a prisoner’s petition for mandamus seeking access to a law library.
After being sentenced to life plus a term of years, ...
Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case
by David Reutter
A former prisoner whose sexual assault conviction was reversed after he served seven years in prison can sue his attorney for malpractice after the Michigan Supreme Court denied leave to appeal an appellate court’s ruling.
Jackob ...
Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error
by David M. Reutter
The Third Circuit Court of Appeals held in January 2014 that a Pennsylvania federal district court erred when it allowed into evidence a nolo contendere (no contest) plea for the purpose of challenging the credibility of ...
Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment
by David M. Reutter
The Eleventh Circuit Court of Appeals has reversed a summary judgment order for the defendants in a former prisoner’s civil rights suit that alleged he was denied medical care after prison staff “materially altered” ...
RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access
by David M. Reutter
On January 23, 2014, the Tenth Circuit reversed a grant of summary judgment to prison officials in a civil rights action alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), related ...
