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Articles by Derek Gilna

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 ...

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 ...

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 ...

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 ...

Pennsylvania Officials Link Halfway House Payments to Recidivism Rates

Community corrections centers, also known as halfway houses, receive a great deal of money to help prepare prisoners to reenter society. Unfortunately, according to a recent study in Pennsylvania, the state’s 38 halfway houses with 4,313 beds have not been particularly successful in that mission, as prisoners assigned ...

Delaware Court Decides Financial Dispute Involving Prison Healthcare Company

A complaint brought in the Court of Chancery of Delaware to appraise the value of a prison healthcare company inadvertently shed light on the big business of providing contracted correctional services.

Certain shareholders of Just Care, Inc., a privately-held Delaware corporation, filed the complaint to determine the fair value of ...

Chicago Police Hit with Big Judgment and “Code of Silence” Finding

Chicago Police have a difficult and dangerous job, but also a heavy responsibility to hold themselves accountable to follow the same laws they are sworn to uphold. In the case of Karolina Obrycka, a diminutive tavern employee, they failed to measure up. In a federal lawsuit alleging violation of her ...

Florence Strip-Search Decision Sends Iowa Case Back to Square One

The recent decision by the United States Supreme Court in Florence v. Board of Chosen Freeholders of the County of Burlington, 132 S.Ct. 1510 (2012), which held that every detainee, even one held on a non-indictable offense, who will be admitted to the jail’s “general population” may be ...

El Paso Prisoner Receives $80,000 Settlement

Former El Paso County prisoner Brock John Behler received a settlement of $80,000 from El Paso County, Colorado to settle a federal civil rights lawsuit alleging the use of excessive force by former Deputy Dennis Grivois. The 2009 lawsuit, filed in U.S. District Court in Denver, Colorado, stated ...

7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA

The Freedom of Information Act, or FOIA, is a valuable tool in piercing the veil of secrecy that often surrounds government investigations and decision making. After Appleton Paper Inc, or API, and other companies were accused of polluting the Fox River near Green Bay, Wisconsin, API sought, through a FOIA ...