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Articles by Casey Bastian

“Unconscionable and Unacceptable” Conditions in Georgia DOC With 57 Prisoners Murdered in Two Years

by Casey Bastian

In August 2022, during their federal civil rights trial for running down and fatally shooting an unarmed jogger, Ahmed Arbury, in Brunswick in February 2020, attorneys for father and son defendants Greg and Travis McMichael offered their guilty pleas on one condition: That the federal judge overseeing ...

Third Circuit: Federal Prisoner Exposed to Risk of Assault Cannot Collect Damages if One Didn’t Occur

by Casey J. Bastian

On March 1, 2022, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a federal prisoner’s lawsuit, finding that even though a Bureau of Prisons (BOP) staffer put him at risk of assault, damages were not warranted because the “risk never materialized.” ...

$90,000 Paid to Settle Lawsuit Over Recorded Attorney-Client Calls at Wisconsin Jail

by Casey J. Bastian

On March 21, 2021, an agreement was reached between Wisconsin’s Portage County and a class of plaintiffs consisting of current and former detainees at the county jail to settle claims that their privileged communication with their attorneys was unlawfully intercepted. Under the settlement, Defendants and their ...

Eighth Circuit Pulls BOP’s Hand Out of Prisoner’s Pocket Accumulated Prison Wages Not “Substantial Resources” Under Mandatory Victim Restitution Act

by Casey J. Bastian

In a decision published on January 10, 2022, the U.S. Court of Appeals for the Eighth Circuit ruled that accumulated prison wages constitute neither “substantial resources” nor a “material change” to a prisoner’s resources that would allow the federal Bureau of Prisons (BOP) to confiscate them ...

BOP Guard Terminated for Making Prisoner Do His Work, Union Blames Staff Shortages

by Casey Bastian

As of March 31, 2022, nearly one-third of guard positions were vacant in the federal Bureau of Prisons (BOP), leaving the remaining guards’ duties “augmented” with additional prisoner supervision. Cooks, nurses, teachers, counselors, and case managers have also had prisoner security added to their workloads.

The union ...

U.S. Marshals Service Inspectors Find D.C. Central Jail Not Meeting Federal Detention Standards

by Casey J. Bastian

For decades, prisoners held by the D.C. Department of Corrections (DOC) have complained of inhumane conditions and mistreatment. Criticism of the 45-year-old main jail facility has also come from lawyers and judges, as well as detainees and their visitors. Yet it took a “flurry of complaints” ...

BOP Prisoners on Extended Home Confinement Not Headed Back to Prison When COVID-19 Emergency Ends

by Casey J. Bastian

Imagine having a chance to get out of prison early, doing the right thing with the opportunity and working towards your ultimate freedom, only to have it taken back. That was the situation faced by several thousand people released to home confinement by the federal Bureau ...

Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed

by Casey J. Bastian

On October 28, 2021, the Supreme Court of Kentucky unanimously ruled that when criminal charges are dismissed, a detainee then released is not required to pay costs associated with incarceration under Kentucky law.

The decision reversed lower state court rulings and found that under Kentucky Revised ...

Illinois Inspector General Finds Prisoner Labor Used to Benefit DOC Employees

by Casey J. Bastian

In a report released on October 24, 2021, the Illinois Office of the Executive Inspector General (OIG) found that state prisoners had been improperly used to wash cars, shine shoes, give haircuts and sell wood or plants for the benefit of a fund that finances parties, ...

Four BOP Employees, Eight Prisoners Indicted in Widening NYC Federal Jail Smuggling Scandal

By Casey J. Bastian

On March 18, 2022, a federal Bureau of Prisons (BOP) guard was indicted in federal court in New York City on charges he smuggled a loaded gun into the now-shuttered Metropolitan Correctional Center (MCC) in Manhattan. The guard, Greg McKinzie, 35, is the fourth MCC employee ...