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Federal Legal Issues Discussion of legal issues that are specific to the Federal prison system.

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  #1  
Old 12-31-2011, 09:51 AM
s23kinsey s23kinsey is offline
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Default Corrupt Case Manager

Need help???? My fiance was just moved from one Low to another Low, he was teamed in September, and he was told and shown his classification form that he was given Camp points, Case Manager wasn't willing to give my LO a copy of his classification form, but he was able to get it (Don't ask) and send me a copy of it anyway. However, when you got to his new designation he spoke with someone about why he was at a Low instead of a camp, the woman made a copy of his classification form (handed my fiance the paper willingly) and it was changed 4 days later, showing that he was still classified as a Low inmate. I see this as a violation in civil rights, or something. What can be done if anything with this info? Also, he's been without his personal property for more than two weeks, why is it taking so long to get his personal property, he was transferred within the same state? Has anyone else had this issue with classification?
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Old 12-31-2011, 11:17 AM
fbopnomore fbopnomore is offline
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Transfered property can take a long time to arrive at the new prison, and a long time to be returned to him by R&D. Some prisons only do that one day a week.

As for his custody points classification, the case manager has great power to assign some scores since a lot of the form is subjective anyway. Also, points alone don't always determine prison assignment. There are "management variables" and "public safety factors" which stop the inmate from ever going to a camp, even with zero points. The end result is that the bop can do pretty much whatever they want to do and the inmate has no meaningful appeals to their decisions, so it usually ends up with just having to deal with it.
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Old 12-31-2011, 03:42 PM
s23kinsey s23kinsey is offline
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Thankfully, I was able to send him some money so he could get a few things from commissary, so he's good with most of the stuff that he needs. I just think that it's ridiculous how they drag there feet, but quick to punish someone. I thought the government was corrupt, but the BOP has them beat with the crap that they do. As for his points go, he has no public safety factors, his base is +14, and custody is +19 with a -3 variance, which brings him to a +11, it clearly states on this form he is scored at "Minimum" this form is dated 9-26-11, now with that being said, when he got to the new prison, he went to speak to someone, they printed off a copy of his classification form, which is dated 9-30-11, and says that he was scored "Low", I don't have a copy of this, yet, but he just got it the other day, and snail mail runs so slow from the prison system. Anyway, this means that someone went in after he was scored on the 26th, and changed his classification. I'm not so much concerned with the fact that he's not at a camp, my issue is with, someone changing his score after the fact. That in any other situation would be illegal, but your telling me that the BOP is like "GOD" in this situation. I don't want to make any waves for my fiance while still being incarcerated, this is just not right what they have done, someone has to be held accountable for pencil whipping him, and who knows who else this has happened to. I'm so frustrated right now, could someone sue the BOP, the prison, or the man/woman who changed this info? Or, do we just get raped by the prison system?
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Old 12-31-2011, 04:10 PM
fbopnomore fbopnomore is offline
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After you get the second form, you probably need to ask a civil lawyer who has sued the bop if he has any recourse through a lawsuit. The big problem to overcome is that prisoners must first "exhaust all bop administrative remedies" or the case will be summarily dismissed every time. It's unfair, but unfortunately it is the law. Naturally the appeal process is dragged out for months or years before it (or more likely he) is "exhausted"
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Old 12-31-2011, 07:22 PM
s23kinsey s23kinsey is offline
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Thank you, we will definitely go through the process with the BOP, but I feel that this will be something that we will have to continue to deal with once he's home.
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Old 01-01-2012, 05:48 PM
Zelda50 Zelda50 is offline
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So was he only shown the final score at the institution where he currently is housed? He can ask his case manager for a copy of the scoring sheet and then see where the change was made. If he disagrees with that, he can first write a cop-out, asking for it to be corrected. Then he can file a grievance, attaching copies of both forms (since you have the earlier one - send him a copy of it.) He can also file a grievance if his property doesn't show up.

All that said, he should think about where he wants to be. Many inmates prefer a "low" over a camp if they have quite a bit of time left because the "low" facilities usually have more jobs and programs.

Last edited by Zelda50; 01-01-2012 at 05:50 PM..
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