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Articles by Derek Gilna

DC District Court Denies Motion to Compel Production Request on Fees

On December 18, 2007 the United States District Court for the District of Columbia has refused a request by the District of Columbia and others, in a consolidated civil action brought before it, to compel production of “all documents in Plaintiffs’ possession, custody or control, or to which Plaintiffs’ attorney ...

Massachusetts Court Releases Mental Health Detainee After State Blows Deadline

The Supreme Judicial Court for the county of Suffolk, Massachusetts dismissed the case of David Gangi, confined pursuant to G.L. c 123A, Section 13(a) to determine whether or not "probable cause exists to believe that the person named in the petition is a sexually dangerous person." The statute ...

10th Circuit Orders District Court to Reconsider Restrictive Sentencing Conditions

Eugene Sunday argued that computer and mental health conditions of the supervised release portion of his sentence constituted an occupational restriction unsupported by the Guidelines Manual of the U.S. Sentencing Commission, (USSG), Section 5F1.5. The district court had imposed the following special conditions of supervised release: "(1) The ...

1st Circuit Affirms Federal Tort Claims Judgment Against FBI in Bulger Cases

The U.S. Court of Appeals for the 1st Circuit has affirmed the judgments entered against the Federal Bureau of Investigation, (FBI), under the Federal Tort Claims Act, (FTCA). In the most recent chapter of the various civil claims against the FBI stemming from murders committed by Boston mobster and ...

Wyoming State Prisoner's Suit for Access to Courts Denied by 10th Circuit

Wyoming prisoner Gary Lee Belden, sentenced in Wyoming state court to life imprisonment, has been denied relief by the U.S. Court of Appeals for the Tenth Circuit for alleged violations of his constitutional right to access the courts while he was incarcerated outside the state of Wyoming. The Appellate ...

7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case

Shane Holloway was arrested without a warrant in 2009 and confined to the Delaware County Jail, where he was denied his pre-detention medication, and was prescribed non-narcotic pain medication by prison medical staff instead. Holloway was released from jail after nine days, and was admitted to a hospital, where he ...

Court Upholds Guilty Plea Although Defendant Wasn't Advised of Adam Walsh Impact

Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court of his various rights under Rule 11, but was not advised of possible ramifications of his guilty plea under 18 U.S.C. Section 4248(a)(2006), also ...

U.S. Immigration Policy: Dysfunctional, Profitable and Resistant to Reform

The nation's economy remains fragile, U.S. troops continue to fight a losing war in Afghanistan, North Korea has recently threatened a nuclear attack, and in March 2013 Congress and President Obama failed to reach a compromise to prevent the “sequester,” which mandates deep spending cuts on the federal ...

Third Circuit Denies Claim against Government for Attorney’s Fees under EAJA

Dr. John Handron, a psychologist, failed in his attempt to win reimbursement for tens of thousands of attorneys' fees from the government he had incurred in defending the government's claim that he had overbilled Medicare more than $600,000. An ALJ proceeding found the figure to actually be $5 ...

Virginia's FOIA Ruled to Not Violate Some Constitutional Guarantees

In a case brought under 42 U.S.C. 1983, the U.S. Court of Appeals for the Fourth Circuit has ruled that the Virginia Freedom of Information Act (VFOIA), Section 2.2-3700 et seq. (2011), "does not violate the Appellants' rights under the Privileges and Immunities Clause (U.S ...