Today we have an interesting case out of Malta, where a prisoner is asserting that he is entitled to his full retirement pension benefits even though he is currently incarcerated in a prison. The story starts in 2003 when a man by the name of Paul Hill attempted to murder Victor Testa by repeatedly beating
As part of my role as a prison litigator and advocate, I review a number of Incident Reports and Disciplinary Hearing Officer (DHO) Reports every month. Most of the time I do a quick once-over to advise fellow federal prisoners if they have good cause to appeal a disciplinary finding or to advise them of
The vast majority of inmates incarcerated within the Federal Bureau of Prisons will one day face a disciplinary proceeding. These proceedings could be the result of a serious allegation of misconduct (e.g., fighting or brewing alcohol) or a less serious allegation (e.g., feeding the birds, or not making a bed). Regardless of what the alleged
By Christopher Zoukis On March 12, 2013, USA Today ran an opinion piece entitled “Drivers Aren’t High, Still Busted for DUI.” This editorial, authored by EJ Montini, presented a very troubling situation which is repeating itself time and time again in numerous cities across the country. Simply stated, persons who have utilized drugs — say, marijuana —
In another series of court rulings upholding the use of Special Administrative Measures (SAMs), a prisoner at the federal ADX supermax facility in Florence, Colorado was prohibited from receiving certain publications and communicating with his nieces and nephews. The federal Bureau of Prisons’ use of SAMs originated in a regulation promulgated in 1996 – 28 C.F.R. §
By Christopher Zoukis In Bounds v. Smith, 430 U.S. 817 (1977), the Supreme Court held that “the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the
In the last week, several intriguing articles and editorials have been published concerning the Supreme Court’s landmark 1963 decision in Gideon v. Wainwright and the fundamental Sixth Amendment right to counsel in criminal proceedings. The New York Times ran the story “The Right to Counsel: Badly Battered at 50,” and USA Today ran both the
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Elizabeth Franklin-Best P.C.
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