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Articles by Casey Bastian

Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions

by Casey J. Bastian

On November 17, 20222, the U.S. Court of Appeals for the Fourth Circuit stopped the federal Bureau of Prisons (BOP) from civilly committing a prisoner being released from the Federal Medical Center (FMC) in Butner, North Carolina. Proceeding under 18 U.S.C. § 4246, the government argued ...

Nebraska Supreme Court Puts Burden on Migrant Detainee to Prove Sentence Calculation Credit Error

by Casey J. Bastian

On March 10, 2023, the Nebraska Supreme Court affirmed a sentencing court’s jail credit calculation under Neb. Rev. Stat. § 47-503 (Reissue 2021), in a case where the amount of time served was disputed. Importantly, the Court held that the burden to produce a sufficient record ...

Federal Judge Tells BOP Officials They “Are Not Above the Law”

by Casey J. Bastian

On October 4, 2022, Judge Roy B. Dalton, Jr. of the federal court for the Middle District of Florida excoriated officials with the federal Bureau of Prisons (BOP) and its Seagoville Federal Correctional Institution, holding them in contempt for showing deliberate indifference to prisoner Frederick Mervin ...

$11.75 Million Settlement for Prisoner Beating in Pheonix Jail

by Casey J. Bastian

On June 7, 2022, the federal court for the District of Arizona granted dismissal to claims made by the mother of an 18-year-old prisoner left permanently disabled in a brutal beating at Maricopa County’s Fourth Avenue Jail. Selene Ortiz stipulated to dismissal after accepting an offer ...

Indiana Will Now Send Low-Level Felons to Prison Instead of Jail

by Casey J. Bastian

On July 1, 2022, Indiana House Enrolled Act No. 1004 took effect, amending sections of the state code governing parole, supervised release, and placement in community corrections programs in ways that primarily affect sexual offenders – sending those who would previously have spent a short sentence ...

Federal Bureau of Prisons’ “Mess Up, Move Up” Culture Rewards and Promotes Abusive Employee

by Casey J. Bastian

An AP News investigation focused on U.S. Bureau of Prisons (BOP) employee Thomas Ray Hinkle found evidence of a rotten culture in the federal prison system. In recent years the BOP has come under intense Congressional scrutiny over allegations of staff physical and sexual abuse of ...

Second Circuit Affirms Qualified Immunity for Connecticut Cops who Sicced K-9 on Suspect in His Holding Cell

by Casey J. Bastian

When attempting to keep a detainee from hurting himself, are jailers entitled to injure him with impunity? On September 26, 2022, the U. S. Court of Appeals for the Second Circuit answered “yes,” affirming dismissal of a civil rights lawsuit filed by a Connecticut detainee on ...

Federal Judge in Pennsylvania Rules BOP Must Honor Transgender Prisoner’s Legal Name Change

by Casey J. Bastian

On July 19, 2022, the U.S. District Court for the Eastern District of Pennsylvania granted the motion of a transgender federal prisoner and compelled the U.S. Bureau of Prisons (BOP) to change its records to reflect her legal name change. However, the Court stopped short of ...

BOP Settles for $4.18 Million With Six Prisoners Raped by Guard at Now-Shuttered Manhattan Federal Jail

by Casey J. Bastian

The Federal Bureau of Prisons (BOP) has been under intense scrutiny from lawmakers over misconduct by guards and officials at multiple prisons. Some of the worst behavior involves sexual abuse of female prisoners. One despicable perpetrator is 45-year-old Colin Akparanta. A naturalized U.S. citizen from Nigeria ...

Federal Judge in South Carolina Holds BOP Liable for Delayed Treatment That Left Federal Prisoner Partially Blinded

by Casey J. Bastian

On May 3, 2022, the federal court for the District of South Carolina granted summary judgment to a federal prisoner left partially blinded by delayed treatment of a malignant melanoma. The ruling adopted a magistrate judge’s report and recommendation issued on April 6, 2022.

On June ...