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Prisoner Education Guide

Articles by Derek Gilna

Michigan Supreme Court Reverses Its Own Decision Allocating Greater Funding for State’s Public Defender Offices

By Derek Gilna

In an unusual decision, criticized by the American Civil Liberties Union, the Michigan Supreme Court on July 17 reversed itself and threw out a lawsuit that would have required the State of Michigan to provide more funds for poor people accused of crimes to hire attorneys. "We ...

Human Rights Watch Report Faults ICE for Improper Treatment of Mentally Disabled Aliens

By Derek Gilna

A 2010 study by Human Rights Watch highlights abuses suffered by mentally disabled aliens, both legal and illegal. According to Human Rights Watch, "Every year, several hundred thousand people in the United States are arrested for possible deportation by Immigration and Customs Enforcement (ICE). The vast majority ...

Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records

By Derek Gilna

The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social security number to the general public.” The district court ruled that this was ...

Former Ohio Sheriff Sentenced to One Year of House Arrest for Theft and Ethics Violations

By Derek Gilna

Gerald T. McFaul was Sheriff of Cuyahoga County, Ohio for decades, but the 76-year old Democrat was contrite as he apologized to the people of Cuyahoga County for theft and ethics violations. He could have been sentenced for up to ten years in jail, but Judge Inderlied ...

Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit

By Derek Gilna

In a decision published on December 8, 2009, from an appeal of parts of an order of the Supreme Court, Queens County dated November 28, 2007, which denied their motion to strike defendants' answer pursuant to CPLR. 3126(3), the lower court's order was reversed, the ...

Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action

Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action

By Derek Gilna

Angel Luis Feliciano-Hernandez, sentenced by a Puerto Rican court in 1981 to a "term of perpetual imprisonment for treatment" for a "record of sexual abuse," for a minimum of ten years, finally won his release in 2008 ...

6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation"

6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation"

By Derek Gilna

David Wayne Felts' conviction for failure to register under the Sex Offender Registration Notification Act (SORNA) was upheld by the Sixth Circuit Court of Appeals, which rejected his various arguments which revolved around the question of whether or ...

Former Connecticut Prisoner's ADA and RA Complaint Survives Motion to Dismiss

By Derek Gilna

Former Connecticut state prisoner Richard Rogues' Section 1983 lawsuit for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) has survived a motion to dismiss filed by defendants, including state prison commission officials and officials at Cheshire Correctional Institution (Cheshire) in Connecticut.

The ...

Minnesota District Court Directs BOP to Reconsider Prisoner’s Denial of Halfway House Placement

By Derek Gilna

In a pre-"Second Chance Act" case, Judge Davis of the U.S. District Court, District of Minnesota, has granted prisoner Steven Allen Knish's § 2241 Petition, his motion to alter or amend his judgment, and ordered the Federal Bureau of Prisons (BOP) to "promptly and in ...

Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker

By Derek Gilna

The Iowa Supreme Court has affirmed a lower-court decision denying defendant Jess John Pearson's Motion to Suppress, based upon the Miranda case for a voluntary confession given to his social worker, who interviewed him after he had committed a crime. In so ruling, the court noted ...

 

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