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Articles by Derek Gilna

DC Prisoner Awarded $70,000 for ADA Violations at CCA-run Jail

William Pierce, a prisoner held by the District of Columbia’s Department of Corrections (DCDOC), has won a $70,000 jury verdict for repeated violations of the Americans with Disabilities Act (ADA). Pierce, who suffers from severe hearing loss, was denied hearing aids and sign-language interpreters while he was held at the ...

Connecticut Prisoner Wins Motion for Sanctions over Destruction of Evidence; Case Settles for $40,000

Connecticut state prisoner Tye Thomas won an important pretrial motion that found employees of the Connecticut Department of Correction (DOC) were “grossly negligent” in failing to preserve key video surveillance footage of assaults he suffered on the recreation yard and in cells at the Northern Correctional Institution. On April 29, ...

Indiana ACLU Announces Settlement to Help Mentally Ill Prisoners

In 2008, long before the issue became a focus of national attention, the American Civil Liberties Union (ACLU) of Indiana filed a federal civil rights suit against the Indiana Department of Correction (DOC), challenging inadequate treatment of mentally ill prisoners. After years of litigation, the ACLU won a significant settlement ...

Second Circuit Reverses Dismissal of Bivens Suit Due to Continuing Violation Doctrine

Esteban Gonzalez, while incarcerated at the Metropolitan Correctional Center (MCC) in Manhattan and the Metropolitan Detention Center (MDC) in Brooklyn, was confined to the Special Housing Unit (SHU) for stabbing another prisoner “with a knife-like object.” After being held in the SHU at both facilities for “an extended period of ...

Georgia: Federal Court Finds Bond System Unfair to Indigent Defendants, Enters Injunction

Maurice Walker, 54, was arrested in the City of Calhoun, Georgia for public intoxication in September 2015, and told that if he posted a $160 bond he could go free until his first court date. Unfortunately Walker was indigent, living on a small fixed income and could not afford to ...

Seventh Circuit Reverses Dismissal of Federal Prisoner’s Bivens Suit Over Medical Care

Ryan K. Mathison, incarcerated at FCI Pekin, a federal prison near Peoria, Illinois, suffered from high blood pressure. One morning he awoke at 3 a.m. with a sharp pain in his chest; he summoned a guard, who called a lieutenant, who in turn contacted the duty nurse. Although the lieutenant ...

Wisconsin Prisoner’s Civil Rights Action Alleging Verbal Harassment Reinstated

Ronald J. Beal, a Wisconsin state prisoner, filed a complaint under 42 U.S.C. § 1983 alleging violations of his civil rights by Department of Corrections (DOC) staff who had subjected him to verbal harassment. After his complaint was dismissed by a magistrate judge during the initial screening process, Beal appealed. ...

California Jail Ordered to Restore Attorney-Client Contact Visits

The Wayne Brown Correctional Facility in Nevada County, California changed its rules in 2013 to prohibit defense attorneys from having contact visits with their clients, allegedly due to security and cost concerns. Several prisoners filed suit, and a superior court ruled against the county and reinstated the contact visits. The ...

Supreme Court Allows Prisoner’s § 1983 Action after Dismissal of Federal Tort Claim

In a unanimous decision, the U.S. Supreme Court held on June 6, 2016 that a federal prisoner, Walter J. Himmelreich, could file a § 1983 federal civil rights complaint after the dismissal of his Federal Tort Claims Act (FTCA) claim, under 28 U.S.C. §§ 1346(b), 2674. An FTCA suit allows ...

Breaking News: 18 Deaths in Six Months at Mississippi State Penitentiary

Prison Legal News has learned through a public records request that 18 prisoners died at the Mississippi State Penitentiary in Parchman in just over a six-month period. The most recent reported death was that of Terry Echols, who passed away in May 2016 due to complications related to morbid obesity, ...