Skip navigation

Articles by Brandon Sample

Ninth Circuit Strikes Down BOP Regulations Limiting Halfway House Placement

By Brandon Sample

On September 4, 2008, the U.S. Court of Appeals for the Ninth Circuit joined the Second, Third, Eighth and Tenth Circuits in concluding that the Bureau of Prisons' (BOP) regulations categorically limiting eligibility for halfway house placement to the last ten percent of a prisoner's sentence is ...

BOP May Disregard State Court Orders When Reviewing Whether to Run State/Federal Sentences Concurrent

By Brandon Sample

On May 7, 2010, the U.S. Court of Appeals for the Ninth Circuit affirmed the denial of a habeas petition challenging the Bureau of Prisons (BOP) refusal to grant a nunc pro tunc designation.

Charles Reynolds was arrested by state authorities after attempting to pass a forged ...

Ohio Negligent Shackling Claim Remanded

By Brandon Sample

On April 8, 2010, the Court of Appeals of Ohio remanded a prisoner’s negligence claim against the Ohio Department of Rehabilitation and Correction (ODRD).

Jack Nott sued the ODRC after his left leg was amputated from the knee down. In 2003, Nott was transported by guards from ...

SORNA's Registration Requirements Do Not Apply to Convictions Involving the Transfer of Obscene Materials to a Minor

By Brandon Sample

On January 14, 2009, the U.S. Court of Appeals for the Eleventh Circuit decided that the registration requirements of the Sex Offender Registration and Notification Act (SORNA) do not apply to convictions under 18 U.S.C. § 1470, which prohibits the transfer of obscene materials to minors.

Matthew ...

Eleventh Circuit Reverses Dismissal of Suit Alleging Retaliatory Attack by Guard

By Brandon Sample

On April 26, 2010, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation.

"John Doe" sued Harley Lappin, ...

PLRA's IFP Restrictions Do Not Apply To Civil Commitments

By Brandon Sample

Sex offenders that are civilly committed upon completion of their sentences are not "prisoners" within the meaning of the Prison Litigation Reform Act (PLRA), the U.S. Court of Appeals for the Tenth Circuit decided October 19, 2009.

Dustin Merryfield was civilly committed under the Kansas Sexually Violent ...

No FTCA Claim for Property Erroneously Mailed Home By BOP; Failure to Protect Claim Cognizable

No FTCA Claim for Property Erroneously Mailed Home by BOP; Failure to Protect Claim Cognizable

by Brandon Sample

The United States is immune from suit under the Federal Tort Claims Act (FTCA) for loss of property that resulted from the Bureau of Prisons (BOP) mailing a prisoner’s property home instead ...

Strip and Body Cavity Searches for Civil Contempt Arrestee Unjustified

By Brandon Sample

On March 28, 2008, U.S. District Judge Salvador E. Casellas denied a motion for judgment on the pleadings in a civil rights action challenging a strip and body-cavity search.
Carmen Figueroa-Flores was involved in a custody dispute in the Caguas Court of Minors in Puerto Rico. After ...

Illinois Statute Authorizing Revocation of Good Time Credits for Frivolous Court Filings Upheld

By Brandon Sample

The State of Illinois may lawfully deprive good time credits from prisoners who file frivolous post-conviction petitions, the Appellate Court of Illinois, Fourth District, decided November 26, 2008.

Cameron Shaw, an Illinois prisoner, filed a post-conviction petition under the Post-Conviction Hearing Act seeking relief from his armed ...

“Three Strikes” Provision Of PLRA Applies To Suits Filed While Incarcerated Even If Subsequently Released

By Brandon Sample

The Prison Litigation Reform Act (PLRA), which prohibits a prisoner from proceeding in forma pauperis (IFP) in a federal lawsuit if the prisoner has had three or more suits or appeals dismissed as frivolous, malicious, or for failure to state a claim, applies upon release to suits ...