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Articles by Dale Chappell

Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?

by Dale Chappell

Official policy of the federal Bureauof Prisons (BOP) provides cost-free abortion to any female prisoner whose pregnancy is the result of rape or incest, or which threatens the life of the mother. It also allows for an “elective abortion,” if the prisoner pays for it. PS 5200.02; ...

Seventh Circuit Grudgingly Affirms Summary Judgment in Illinois’ Prisoner’s Suicide Lawsuit

But Highlights Negligence of DOC and Wexford Health Staff

by Dale Chappell

Hinting that “another area of law” may provide relief, the U.S. Court of Appeals for the Seventh Circuit on August 9, 2021, affirmed summary judgment of a lawsuit filed against the Illinois Department of Corrections (DOC) and its ...

Third Circuit Revives Pennsylvania Prisoner’s Lawsuit Over Censorship of Incoming Mail Containing Key Evidence

by Matt Clarke and Dale Chappell

On August 9, 2021, the U.S. Court of Appeals for the Third Circuit reversed the dismissal of a prisoner’s lawsuit alleging his due-process and access-to-courts rights were violated when the Pennsylvania Department of Corrections (DOC) failed to notify him it had censored a letter ...

BOP Trust Fund Accounts Reportedly Shield Prisoners from Payment Obligations

by Dale Chappell

Imagine being able to “hide” your money in an account where the government supposedly has no access to it and cannot force you to pay any court-ordered financial obligations, such as child support or restitution to victims of your crimes. That’s what critics are saying federal prisoners ...

Will Federal Prisoners on Home Confinement Have to Return to Prison?

by Dale Chappell

The million-dollar question lately has been whether the thousands of federal prisoners released on home confinement to reduce prison crowding would have to return to prison once the pandemic is over. While it’s not looking so good for those sitting at home waiting for the answer, let’s ...

Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts

by Dale Chappell

In a move that surprised few, the U.S. Court of Appeals for the Eleventh Circuit went against the grain of almost every other court and held on June 9, 2021, that the discretionary function exception, which grants immunity to federal employees when they injure someone while exercising ...

Seventh Circuit: Local Rules Requiring Specific Filings to Summary Judgments Should Not be Used as a Sanction

by Dale Chappell

Providing an example of how the rules apply to everyone—even pro se prisoners—the US Court of Appeals for the Seventh Circuit upheld the motion of summary judgment (MSJ) by the district court in denying a prisoner’s federal civil lawsuit claiming bad medical care at the Wisconsin Secure ...

Eighth Circuit Holds Lack of “Clearly Established” Law Requiring Staffer to Notify of Prisoner’s Suicide Risk Prevented Damages

by Dale Chappell

Finding that qualified immunity prevented a lawsuit against a jailer who failed to notify a receiving jail that a prisoner was at-risk for suicide and he killed himself at that jail, the U.S. Court of Appeals for the Eighth Circuit reversed the denial of summary judgment to ...

EPA Slams GEO Over Disinfectant Use at Private Prison, Federal Court Issues Preliminary Injunction to Stop It

by Dale Chappell

The Environmental Protection Agency issued a report and warning in March 2021 to GEO Group for misuse and abuse of a disinfectant at its ICE Processing Center in Adelanto, California. The report says that GEO was applying HQD Neutral in a manner that was in violation of ...

Tenth Circuit Rejects Government’s Appeal Over Recorded Attorney Calls and Visits at Private Prison in Leavenworth

by Dale Chappell

Over five years ago, federal prosecutors in Kansas used recordings of attorney visits and phone calls to obtain convictions in numerous criminal cases. The recordings were made by a private prison in Leavenworth owned by Corrections Corporation of America (CCA, which has since changed its name to ...