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Articles by Derek Gilna

California’s Inspector General Cites Abuses at High Desert State Prison

A special report by Robert A. Barton, Inspector General of the State of California, released in December 2015, highlighted numerous problems at the High Desert State Prison in Susanville. The California Senate Committee on Rules had requested the report to study allegations of excessive use of force against prisoners, the ...

Supreme Court Reverses SORNA Notification Requirement when Sex Offenders Move Overseas

The federal Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. § 16901, et seq., requires registered sex offenders to advise law enforcement officials within three business days of their change of address or intent to reside in a jurisdiction subject to SORNA. However, according to an April 4, 2016 ...

Irish High Court Bars Extradition of Terror Suspect to U.S., Citing Inhumanity of Solitary Confinement

The High Court of Ireland has declined to extradite a terrorism suspect to the United States to face justice, quashing an extradition request filed by American officials. Ali Charaf Damache, born in Algeria but a 15-year resident of Ireland and an Irish citizen, was accused of engaging in terrorist activities ...

Report Finds Shortcomings at Santa Clara County, California Jail

A report prepared by a San Francisco law firm following interviews with 944 prisoners and 33 staff members at the Santa Clara County Jail found numerous complaints of both physical and verbal abuse, uneven enforcement of rules, harassment and a grievance system that fails to recognize prisoners’ legitimate complaints.

According ...

Deaf Prisoners Win Important Settlements in Kentucky and Maryland

Deaf and hard of hearing prisoners have been doubly punished in many prisons and jails, their disability often not only limiting their access to programs, services and communication with the outside world, but also putting them at risk of physical harm and unnecessary discipline due to their inability to hear. ...

“Fatal Neglect” Report Faults ICE Health Care for Deaths of Detained Immigrants

The American Civil Liberties Union (ACLU), Detention Watch Network (DWN) and National Immigrant Justice Center (NIJC) issued a joint report, “Fatal Neglect: How ICE Ignores Deaths in Detention,” that describes case studies of deficient medical care resulting in the deaths of detained immigrants. The report, released in February 2016, accuses ...

Second Circuit Allows Muslim Prisoners’ Bivens Claims to Proceed

Although Muslim prisoners held at the harsh U.S. military prison in Guantanamo Bay, Cuba have received more publicity, conditions of confinement for prisoners of Middle-Eastern descent in domestic prisons have also been abusive. So abusive, in fact, that the Second Circuit Court of Appeals allowed a lawsuit filed by Muslim ...

Colson Task Force Report Highlights BOP Issues, Makes Recommendations

According to the Charles Colson Task Force on Federal Corrections, named after the former top advisor to President Richard Nixon who served a stint in federal prison before dedicating his life to prisoner rehabilitation and spiritual growth, “the United States faces a defining moment” and an opportunity to correct the ...

Lawsuit Claiming CMUs Lack Due Process on Appeal to D.C. Circuit

The Bureau of Prisons (BOP) first instituted Communication Management Units (CMUs) in 2006 at the federal prison in Terre Haute, Indiana, then added another unit to the supermax in Marion, Illinois in 2008. CMUs were designed to limit and monitor prisoner communication on a punitive scale not previously seen in ...

California Supreme Court Voids Ex Post Facto Sex Offender Residency Restrictions

Proposition 83, passed in 2006 by California voters and popularly known as Jessica’s Law, had the stated aim of protecting children from sex offenders. It was later codified at Pen. Code § 3003.5(b), but on March 2, 2015 the California Supreme Court struck down those parts of the law that ...