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Articles by Derek Gilna

Sixth Circuit Vacates Preliminary Injunction Regarding Elkton Prisoner Class Action

On June 9, 2020, the federal Sixth Circuit Court of Appeals, in a split decision, vacated a preliminary injunction issued by a district court that directed the Bureau of Prisons (BOP) to determine which prisoners at Elkton Federal Correctional Institution Elkton were eligible for transfer or release ...

New York District Court Judge Denies Preliminary Injunction Against MCC Brooklyn

by Derek Gilna

Federal District Court Judge Rachel P. Kovner on June 9, 2020, denied a “preliminary injunction that would release all MDC inmates whose age or medical condition places them at heightened risk from the virus and would manage almost every aspect of the facility’s COVID-19 response,” according to ...

COVID-19 Cases Soar at Federal Prisons in California; Half at Lompoc Have the Coronavirus

As of May 12, 2020, the number of COVID-19 infections had exploded at a trio of federal prisons in southern California, placing one at the top of all 142 facilities operated by the federal Bureau of Prisons (BOP).

Federal Correctional Institution (FCI) Lompoc, located in Santa Barbara ...

Prison Officials Limit Prisoner Communications During COVID-19 Crisis

Prisoners struggling to deal with the COVID-19 pandemic — often without masks, sufficient cleaning supplies or the ability to social distance — are crying for help to the outside world by any means possible. Some prison authorities have responded by cutting off their access to phones and ...

New ACLU Study Says COVID-19 Deaths in Prison Will Soar Without More Releases, Fewer Arrests

An April 22, 2020 report by the American Civil Liberties Union, with the collaboration of researchers from Washington State University, the University of Pennsylvania, and the University of Tennessee, shows that COVID-19 deaths in jails, prisons and the communities where they are located will skyrocket unless there ...

Sandoval County, New Mexico Settles Public Records Lawsuit with Human Rights Defense Center

Sandoval County, New Mexico on February 24, 2020, settled a public records lawsuit with the Human Rights Defense Center (HRDC), the parent corporation of Prison Legal News, which alleged that the county had refused to provide records that were required to be released under the state’s ...

HRDC Settles California Jail Censorship Suit for $143,500, Consent Decree

On May 13, 2020, the Human Rights Defense Center (HRDC), the parent organization of Prison Legal News, settled a federal civil rights action concerning California’s Tehama County Jail censorship of prisoner publications like PLN in violation of the First Amendment.

The complaint, filed February 14, 2020 ...

Minnesota Sheriff Hit with Attorney Fees Award in Civil Rights Case

by Derek Gilna

Martin County, Minnesota Sheriff Jeffrey Markquart has been ordered to pay $6,075 in attorney fees to former prisoner Erik Daniel Christianson in a federal civil rights action where the district court found Christianson was the “prevailing plaintiff.” 

As noted in the court’s July 19, ...

Lawsuit Against New York Jail, CCS Survives Motion to Dismiss

by Derek Gilna

A federal civil rights complaint brought by the estate of deceased Monroe County, New York pre-trial detainee Pedro Sanchez, Jr. has survived a motion to dismiss filed by the county jail’s medical provider, Correct Care Solutions (now known as Wellpath), and several of the company’s medical staff, ...

PLRA Attorney Fee Award Discussed after Oklahoma Jail Prisoner Awarded $35,001

by Derek Gilna

James Jordanoff, a former pre-trial detainee at the Cleveland County Detention Center in Oklahoma, won a $35,001 judgment following a jury trial based on a First Amendment retaliation claim against ex-guard Josh Coffey. 

The May 9, 2018 judgment included $1 in nominal damages plus $35,000 ...