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Articles by Brandon Sample

U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff

On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971).

While detained by Immigration and Customs Enforcement (ICE), Francisco Castaneda requested medical treatment ...

Fraudsters Sentenced in Cornell Prison Construction Scheme

A man who bilked almost $13 million from Cornell Corrections Corp. has been convicted of federal fraud and conspiracy charges, while two co-defendants pleaded guilty.
In February 2010, Robert B. Surles was convicted by a federal jury in Atlanta, Georgia of conspiracy and 15 counts of wire fraud as part ...

Exhaustion Excused Where Warden Misled Prisoner During Grievance Process

Failure to exhaust administrative remedies may be excused when prison officials mislead a prisoner during the grievance process, the U.S. Court of Appeals for the Ninth Circuit decided on January 11, 2010.

In May 2002, prisoner Gerson Nunez was strip-searched upon his return to the Federal Prison Camp (FPC) in ...

Fake Rape Claim Puts Woman in Prison

A New York woman who falsely claimed she had been raped was sentenced in February 2010 to 1 to 3 years in prison on perjury charges.

In 2005, Biurny Peguero Gonzalez told investigators that William McCaffrey, a Bronx construction worker, raped her at knifepoint. Gonzalez had accepted a ride from ...

Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery

The statute of limitations in a lawsuit claiming medical negligence by prison officials in delaying a prisoner’s surgery begins to accrue when the prisoner is first recommended for surgery by a specialist, the Appellate Division of the Superior Court of New Jersey decided on February 19, 2009.

Cecil Fearon, incarcerated ...

Court Rebuffs BOP for Third Time in PLN Records Suit

The score is now PLN - 3, BOP - 0 in a protracted legal battle over the disclosure of records related to settlements and judgments paid by the federal Bureau of Prisons (BOP).

In August 2003, PLN submitted a Freedom of Information Act (FOIA) request to the BOP for “all ...

Deplorable Conditions at Los Angeles ICE Facility Result in Settlement

Being locked up is bad enough. But imagine being held in a basement without basic essentials like drinking water, clean clothes, the ability to shower, a toothbrush and toothpaste, and medical care. Thousands of immigration detainees in Los Angeles were routinely subjected to such conditions at “B-18,” an Immigration and ...

Arizona Attempts Prison System Sell-Off

The next lot in our auction is the Arizona prison system. Do I hear $100,000,000? What, no bidders? None? You, sir, Corrections Corporation of America, you must be interested. No? Okay. How about you, GEO Group? No, not interested either?

Prison privatization is not a new concept but efforts to ...

U.S. Supreme Court Rejects Federal Good Time Challenge

On June 7, 2010, the U.S. Supreme Court upheld the Bureau of Prisons’ (BOP) method for calculating federal good time credits.

The dispute over the BOP’s implementation of the federal good time statute, 18 U.S.C. § 3624(b), began about six years ago. Federal prisoners across the country, including this writer, ...

New Jersey Prison Guards Fake Electrocution

Three New Jersey guards accused of faking the electrocution of a prisoner at the Adult Diagnostic and Treatment Center in Avenel have been suspended. Sergeants Mark Percoco and Steven Russo received 105-day suspensions without pay following the October 3, 2009 incident, while prison guard Edward Aponte was suspended for 14 ...