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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 ...

Former Kansas Prisoner Civil Rights Suit Dismissed by 10th Circuit

The 10th Circuit Court of Appeals has affirmed a district court decision dismissing the 42 U.S.C. Section 1983 case alleging violations of the Kansas Constitution, the Kansas Tort Claims Act, the Americans with Disabilities Act, the Rehabilitation Act, the Religious land Use and Institutionalized Persons Act. Mr. Jerry ...

Supermax Prisoner Denied FOIA and Privacy Requests by 10th Circuit

Mark Jordan, a prisoner at the United States Penitentiary Administrative Maximum Facility (ADX), in Florence, Colorado, has been denied relief under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, and the Privacy Act (PA), 5 U.S.C. Section 552a, after seeking information from both the ...

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 ...

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 ...

New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act

In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the Defendants dual constitutional challenges to the constitutionality of the statute as applied to individuals such as himself, and ...

Fifth Circuit Court of Appeals Denies Prisoner's Habeas Petition Challenging Calculation of Sentence

Prisoner Isaac Leigh Hunter appealed from the district court's denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Hunter was seeking relief from a decision of the BOP to "deny him credit, through a nunc pro tunc order, against his federal ...

Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded

The U.S. District Court for the Western District of Wisconsin's denial of a pro-se application for a writ of habeas corpus by prisoner Stanley E. Martin, Jr., was reversed and remanded by the Seventh Circuit Court of Appeals based upon "an improper interpretation of the relevant sections of ...