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Articles by Derek Gilna

Lawsuits Challenge Release Debit Cards; Courts Rule Against Arbitration

Robert Regan, 67, was carrying $764 when he was arrested on a warrant in Rockdale County, Georgia. Upon his release from jail, instead of receiving cash or a check for the money seized during his arrest, he had no choice but to accept a debit card. Regan objected to the ...

Seventh Circuit Reverses Dismissal of Terre Haute Prisoner’s FTCA Suit

Federal prisoner Charles D. Keller filed a lawsuit under the Federal Tort Claims Act (FTCA) against prison officials at the U.S. Penitentiary in Terre Haute, Indiana, seeking damages after he was assaulted by another prisoner. Despite his history of mental illness that affected his ability to function and defend himself, ...

Ninth Circuit Rules Judge “Abused Discretion” in Imposing Abstinence as Supervised Release Condition

Raymond Leo Jarlik Bell, convicted of filing false income tax returns to obtain fraudulent refunds, appealed his 97-month federal prison sentence on three grounds, including whether the judge committed Sixth Amendment error by failing to prompt him to present a closing argument; whether the government presented sufficient evidence to prove ...

New Federal Law that Brands Sex Offenders’ Passports Faces Court Challenge

 

First it was the so-called “War on Drugs,” complete with military-themed anti-drug task forces and disproportionately long prison sentences primarily reserved for poor people of color, which had little impact on U.S. drug consumption. Now it appears that war is being supplanted by an offensive against sex offenders.

A ...

U.S. Supreme Court Reverses Idaho Supreme Court, Asserts “Federal Supremacy”

Melene James sued the City of Boise and other defendants in Idaho state court in a 42 U.S.C. § 1983 action, alleging assault, battery, false arrest, wrongful imprisonment and other claims against city police officers, but failed to prevail. In § 1983 suits, federal law provides that the court may ...

Settlement in California Jail Suit Includes $4.8 Million in Attorney Fees, Costs

After four prisoners committed suicide in the Salinas branch of the Monterey County, California jail system within a five-year period, a class-action lawsuit was filed in 2013 against both the jail and California Forensic Medical Group, alleging substandard intake procedures, medical care and mental health treatment.

Shortly after an injunction ...

Holder Orders U.S. Attorneys Not to Use Appeal Waivers

Former U.S. Attorney General Eric Holder followed up his announcement restricting the usage of 851’s to coerce plea bargains with an announcement directing, not suggesting, that all U.S. Attorneys refrain from asking for appeal and habeas waivers in plea agreements, not to use them in cases already reduced to judgment. ...

Ninth Circuit Rules Judge “Abused Discretion” in Imposing Post-Conviction Abstinence

Ronald Bell, arrested and convicted of filing false tax returns to obtain fraudulent refunds, appealed his district court sentence on three grounds, including whether the district court judge committed Sixth Amendment error in failing to prompt him to present a closing argument, whether the government provided sufficient evidence to prove ...

Fifth Circuit Denies Full Due Process Protections to Convicted Mental Health Prisoner

Petitioner, whose name was sealed by court order, challenged her civil confinement instituted pursuant to 18 U.S.C. Section 4245(d), which confined her to a mental-health facility after a proceeding in which she was ordered confined based upon a preponderance-of-evidence standard, rather than by “clear and convincing” evidence, or by even ...

Tulare County, California Settles Prisoner Suicide Case for $1 Million

Mario Lopez, Jr., according to his attorney's federal civil rights complaint filed by his family in 2011 after his suicide in the Tulare County, California jail, "was a mentally ill man who had suffered for many years from, among other illnesses, depression and schizophrenia, which are serious but treatable psychiatric ...