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BOP Fails and Prevails in Prison Guard Discrimination Complaint

Robert T. Aranda, an “inmate systems officer” (prison guard), was a very litigious Bureau of Prisons employee. Between 1996 and 1998, while working at multiple BOP facilities in several capacities, Aranda filed at least six complaints with the Equal Employment Opportunity Commission (EEOC). He alleged variations of racial (Hispanic) and gender (male) discrimination against many

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Eighth Circuit: Prior Convictions Not Relevant to Escape

Leonard Lester Slaughter III was serving a 115-month sentence at a Federal Bureau of Prisons facility when he escaped. After pleading guilty to the escape, the District Court concluded that two prior convictions were not “relevant conduct” and thus counted them as felony convictions when calculating Slaughter’s criminal history category. Slaughter objected and made the

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Foreign-Born Are 21% of DOJ Prisoners; 94% Are Here Illegally

Mark Twain once famously maintained it could probably be shown through facts and statistics that there’s “no distinctly American criminal class – except Congress.” What then would that celebrated observer of Gilded Age corruption and criminality make of the facts and statistics recently released by the Departments of Justice (DOJ) and Homeland Security (DHS) in

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First Circuit Vacates Supervised Release Conditions for Sex Offender

The Court of Appeals for the First Circuit has vacated two onerous conditions of supervised release and reversed the imposition of a 20-year term of supervised release on a sex offender for violation of the Sex Offender Notification and Registration Act (SORNA). Moisés Medina, a convicted sex offender, failed to register when he moved to

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Former Ohio Politician’s Negligence Case Against CCA Goes Forward

James Dimora, 61, was a Cuyahoga County, Ohio commissioner when he was indicted on federal racketeering and corruption charges in April 2012. While awaiting trial at the Northeast Ohio Correctional Center, operated by Corrections Corporation of America (now known as CoreCivic), Dimora was involved in a slip and fall accident and suffered injuries. He sued

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Prisoner’s Wrongful Death FTCA Claim Dismissed For Lack of Jurisdiction

The United States District Court for the District of Maryland has dismissed a Federal Tort Claims Act (FTCA) case brought against the United States over the 2013 wrongful death of a prisoner held at Federal Correctional Institution Cumberland, Maryland. The case was brought by the widow and sons of Stephen P. Gardner. They claimed that

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DOJ Inspector General Outlines Challenges for Federal Prisons

As has been done annually since 1998, in October, the Department of Justice (DOJ) inspector general released a list of what he sees as the leading management and performance challenges confronting the agency in the year ahead. One of the eight areas identified by Inspector General Michael Horowitz was summarized as “Managing an Overcrowded Federal

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Volunteers, Mayor Take Action to Clothe Freezing Prisoners in New York City

The New York City Department of Correction and city officials are rethinking their policy of releasing prisoners without jackets during frigid winter months. The New York Daily News reported in December 2016 that the city was routinely freeing prisoners from jail and court without proper winter clothing. Beleaguered public defenders and legal aid attorneys went so far

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Prisoners and Disabilities: The Legal Landscape

Incarceration in a state or federal prison is bad. Incarceration in a state or federal prison while disabled is much worse. Consider the numbers. According to a recent Vice.com article, 31 percent of prisoners in state facilities reported having a physical or mental disability. And as the U.S. prison population ages, the number of disabled

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Most Black “Neighborhoods” in Wisconsin are Actually Jails, Prisons

A 17-year-old has made a startling discovery about Wisconsin: more than half of the state’s black “neighborhoods” are actually jails. The young researcher, Lew Blank, used the Weldon Cooper Center’s Racial Dot Map and Google Maps to come to this conclusion and released the results in August 2016. Defining a black neighborhood as “a certain

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