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Articles by Derek Gilna

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 Wayne Smith ...

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 United States Department of ...

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 ...

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 ...

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 for ...

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 sentence for ...

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 required to ...

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 that Deputy ...