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Articles by Derek Gilna

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 ...

Florida Court Permits Female Prisoner's Lawsuit for Forced Sex with Guard to Go Forward

By Derek Gilna

A Florida District Court has permitted parts of a lawsuit by a female prisoner for being forced into sex by a male prison guard to go forward, finding that questions of fact precluded whether he was negligently supervised and retained by the Federal Bureau of Prisons (BOP ...

9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank

By Derek Gilna

The U.S. Appeals Court for the 9th Circuit has declined to permit prisoner Lenny Urena from asserting "self-defense" in his trial for assault with a dangerous weapon against a fellow prisoner. The Court also rejected Urena's claim that the District Court violated his Confrontation Clause ...

Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department

By Derek Gilna

In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James Haley had accused the BPD of concealing exculpatory evidence that resulted in him serving over thirty years for ...

Seattle Federal Halfway House Case Manager’s Reentry Plan for Prisoner Allegedly Included Sex, Heroin

A former case manager at Pioneer Fellowship House, a halfway house in Seattle, Washington, has been accused of having a sexual relationship with one of the released prisoners she supervised and providing him with money to buy heroin.

According to records filed in federal court by Special Agent Wayne Hawney ...