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Articles by Brandon Sample

Denver Prisoner’s Death Ruled a Homicide; Family Files Suit

The Denver area coroner’s office has ruled the death of a prisoner at the Van Cise-Simonet Detention Facility (VCSDF) a homicide.

Marvin L. Booker, 56, a homeless preacher, died on July 9, 2010 after a struggle with guards at VCSDF. The incident occurred while Booker was being booked into ...

Federal District Court Slams Bureau of Prisons in FOIA Suit

U.S. Magistrate Judge Janice M. Stewart has denied summary judgment to the federal Bureau of Prisons (BOP) in a suit filed under the Freedom of Information Act (FOIA) seeking copies of contracts between the BOP and private prison companies for the detention of non-U.S. citizens convicted of federal ...

Indiana DOC’s Refusal to Provide Kosher Meals Violates RLUIPA

The Indiana Department of Corrections (DOC) must provide kosher meals to prisoners who require a kosher diet to properly exercise their religious beliefs, U.S. District Court Judge Jane Magnus-Stinson held on November 1, 2010.

Judge Magnus-Stinson’s decision was in response to a class-action lawsuit filed on behalf of ...

Attorney Admonished for Improper Advertising

By Brandon Sample

On December 26, 2006, the Florida Bar admonished an attorney for sending improper advertisements to prisoners.

David Milo Lamos, a Florida attorney, sent a direct mail advertisement to prisoners. The advertisement contained statements creating “unjustified expectations,” was not marked “advertisement” in red, and included a contract/order ...

Vermont Court Passes on Resolving Whether Prison Health Services is Subject to Vermont’s Public Records Act

By Brandon Sample

A Vermont Superior Court passed on resolving whether Prison Health Services (PHS) is subject to Vermont’s Public Records Act (PRA).

David Sleigh submitted a PRA request to PHS for rewards related to payments made to PHS attorneys for defunding two pending cases. One of the suits ...

No Sixth Amendment Right to Confront Witnesses at Parole Revocation Hearings

By Brandon Sample

The Sixth Amendment’s right to confront witnesses does not apply to parole revocation proceedings, the U.S. Court of Appeals for the Tenth Circuit decided November 24th, 2010.

The U.S. Parole Commission revoked Bruce A. Curtis’ parole after he was convicted of assault in state ...

Forcible Removal of Drugs from Rectum Does Not Violate Fourth Amendment

By Brandon Sample

U.S. Magistrate Judge H. Bruce Guyton recommended the denial of a motion to suppress evidence recovered from a defendant’s rectum during a forced body cavity search.

Felix Booker was taken to the emergency room by Oak Ridge, Tennessee officers after he was suspected of stuffing ...

Trial Court Erred in Extending Jurisdiction over Restitution Collection Outside Ten-Year Window

By Brandon Sample

The Court of Appeals for the State of Washington vacated an order extending a trial court’s jurisdiction to ensure collection of restitution order.

The court’s decision comes in response to a personal restraint petition filed by James Schlosser. Schlosser was convicted in 1998 of second-degree ...

Stress from Killing Prisoner Does Not Support Disability Claim by DOC Guard over Failure to Retire Claim

By Brandon Sample

The Court of Appeals of the State of Washington affirmed a trial court’s grant of summary judgment for the Washington Department of Corrections (DOC) in a suit by a former DOC guard alleging discrimination.

Christopher Davis separated from the DOC after being declared disabled due to ...

Entire Tennessee Prison System Found Unconstitutional

By Brandon Sample

On August 23, 1978, the Chancery Court of Davidson County, Tennessee declared the entire Tennessee prison system to be unconstitutional.

Under the Tennessee constitution, prisoners are entitled to “humane treatment” and to confinement in “safe and comfortable” prisons. The Tennessee prison system operated in violation of these ...