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Articles by Derek Gilna

EEOC finds BOP Workplace Retaliation Widespread

A U.S. Equal Employment Opportunity Commission's (EEOC) Office of Federal Operations (OFO) has issued a report that finds that a culture of "widespread retaliation" exists against employees who file EEOC complaints. The November 2010 report, which was compiled over a three-year period, and incorporated survey forms sent to ...

Wisconsin Prisoner's Pro-se AEDPA Action Rejected by Seventh Circuit

In an appeal from the U.S. District Court for the Western District of Wisconsin, Ronald Romanelli, a prisoner at the Columbia County Jail, was unsuccessful in convincing the Seventh Circuit of the United States Court of Appeals to overturn a district court jury verdict failing to grant him relief ...

New Hampshire Supreme Court Affirms Order of Superior Court Denying His Motion to Amend the Conditions of His Suspended Sentence

In an opinion issued on September 17, 2010, the State Supreme Court in New Hampshire upheld the Superior Court's denial of defendant Jonathan A. Perfetto's motion to amend the conditions of his suspended sentence.

Mr. Perfetto had previously pleaded guilty to possession of child pornography in 2002, and ...

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 ...

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 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 ...

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 ...

South Carolina Prisoner's Case Dismissed Under Three Strikes Rule of PLRA

Prisoner James G. Blakely, according to the decision, “has pursued over forty cases in federal district court, ten appeals in this Court, and numerous suits in state court.” The case before the Fourth Circuit Court of Appeals dealt with a Section 1983 action, including the South Carolina Department of Corrections ...

Iowa Supreme Court Supports Prisoner Suppression Motion

In a case of first impression, the Iowa Supreme Court has reversed an Iowa Court of Appeals decision denying a "limited statutory right to a custodial in-person consultation with an attorney," and suppressed an operating a motor vehicle while intoxicated (OWI) breath test result.

Carson Michael Walker was arrested on ...

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 ...