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Articles by David Reutter

Tennessee’s Death Penalty on Hold

by David M. Reutter

Capital punishment is on hold in Tennessee. The Tennessee Supreme Court halted execution to allow lower courts to hold hearings on the new lethal injection protocol. Meanwhile, attorneys for death row prisoners are arguing the death penalty is arbitrarily imposed, and a new U.S. Supreme Court ...

Voluntary Surrender to Arrest Warrant is Fourth Amendment Seizure

by David Reutter

The Fifth Circuit Court of Appeals affirmed a federal district court's dismissal of a Fourth Amendment claim on grounds that surrendering arrest warrant is a Fourth Amendment seizure, it was not clearly established so as to overcome the right to qualified immunity. It also affirmed dismissal of ...

Supreme Court Remands Border-Shooting Case for Review Under Bivens and Abbasi

by David Reutter

The United States Supreme Court vacated and remanded a Fifth Circuit Court of Appeal's rehearing en banc decision to uphold a federal district court's dismissal of a civil suit brought against Jesus Mesa, a U.S. Border Patrol agent, for a fatal cross-border shooting. The Supreme Court remanded ...

Joint Stipulation Doesn't Remove Federal Jurisdiction in Motion to Intervene

The District of Columbia Circuit Court of Appeals granted consolidation of mixed motions from separate members of a class action suit filed against the United States Marshals Services (USMS) alleging racial discrimination directed at its African-American employers. The court granted Keith Herrington's motion to intervene, denied Herman Brewer's petition for ...

Reversal of Summary Judgment Due to Conflicting Officers' Reports

by David Reutter


The Fourth Circuit Court of Appeals reversed and remanded a federal district court's summary judgment granted to the Town of Seaboard in a diversity suit that alleged unreasonable use of deadly force. The court found that several genuine disputes of material facts exist on the record, ...

Class Action Fairness Act (CAFA) Bars Federal Court's Exercise of Jurisdiction in Alabama Red Light Scam

by David Reutter

The Eleventh Circuit Court of Appeals upheld a federal district court's decision to remand a class action suit back to the state court. The Eleventh Circuit agreed that the "home state" exception of the Federal Class Action Fairness Act (CAFA), 28 U.S.C. § 1332 (d), barred the ...

Testimony of Expert Witness Excluded

by David Reutter

A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care.

Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his Eighth Amendment rights and the American Disabilities Act ...

California Supreme Court Orders Consideration of Anonymization or Redaction of Mass Data for Public Record Disclosure

by David Reutter

The California Supreme Court held that while raw automated license plate reader (ALPR) data are excempt from California Public Records Act (CPRA) disclosure, further consideration is required to determine if the data may reasonably be anonymized or redacted to facilitate disclosure.

In 2012, the ACLU of Southern California ...

$450,000 Settlement to Whistleblower in Case of Framing

by David Reutter

The U.S. Court of Appeals for the Sixth Circuit ruled a one-legged woman exonerated of murder can sue a Kentucky State Police (“KSP”) detective whom the woman charged framed her. In connection with her case, a Louisville Metro Police Department (“LMPD”) detective who was integral in her ...

Eighth Circuit Reverses Summary Judgment in Deadly Excessive Force Claim Because Reasonableness of Officers’ Actions Not Conclusively Established

by David Reutter

The U.S. Court of Appeals for the Eighth Circuit reversed the grant of summary judgment on an excessive force claim in which police officers shot a man 10 times, killing him.

On March 29, 2013, Kansas City, Missouri police officers Megan Gates and Kevin Colhour responded to ...



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