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Articles by Derek Gilna

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 $5,434.48, and Dr. ...

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 level. Yet ...

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 to the ...

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 ...

DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner

The Court of Appeals for the District of Columbia has affirmed the district court denial of the Freedom of Information Act (FOIA) request of prisoner Benny Lee Hodge,
who had sought document disclosure from the FBI of 569 pages of “a complete and thorough search of all filing systems and ...

Sixth Circuit Remands Wrongful Death Case to Reduce Punitive Damage Award

Dorothy V. Freudeman was an elderly lady in poor health who was a resident of the Landing of Canton, (Ohio), an assisted living facility. While there she was apparently mistakenly given anti-diabetic medication, which resulted in permanent brain damage and caused her health to deteriorate. She died fifteen month later, ...

Seventh Circuit Rules for State Officials in Prisoner Medical Co-pay Dispute

The Seventh Circuit has upheld the district court dismissal of prisoner Peter Poole III’s complaint again the Big Muddy River Correctional Center in downstate Illinois over its refusal to waive what he felt was an unnecessary co-payment of a medical bill. Poole had sued in federal district court against the ...

Idaho Supreme Court Denies Bail Bondsmen Damage Claims

In a recent decision, the Supreme Court of the State of Idaho has ruled against Allied Bail Bonds, Inc., who had appealed a lower state court decision denying it relief for several claims, including the alleged breach of a prior settlement agreement.

According to the decision, Allied had initially brought ...

Seventh Circuit Affirms Imprisonment Does Not Promote Correction and Rehabilitation

The Seventh Circuit Court of Appeals overturned the above-guidelines sentence wherein the sentencing judge stated he wanted the defendant to "get mental health treatment." In so ruling, the Seventh Circuit followed the case of Tapia v. United States, 131 S.Ct. 2382 (2011), which stated that "imprisonment is not an appropriate ...