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Prisoner Education Guide

Articles by Derek Gilna

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 ...

Federal Bureau of Prisons Says DNA Backlog No Longer Exists

In July 2011, the federal Bureau of Prisons (BOP) announced that it had eliminated a backlog of over 90,000 DNA samples from federal prisoners. This milestone occurred more than a decade after Congress passed the DNA Analysis Backlog Elimination Act in 2000.

Florida Congressman Vern Buchanan, who had drawn ...

Connecticut District Court Finds ICE Agents Not Shielded from Bivens Liability; Suit Settles for $350,000

In a lawsuit brought by the Yale Law Clinic on behalf of Hispanics swept up in an Immigration and Customs Enforcement (ICE) raid in New Haven in June 2007, the U.S. District Court for the District of Connecticut held that ICE officials are not immune from liability for federal ...

Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded

In a detailed ruling, the U.S. Court of Appeals for the Eighth Circuit rejected an attempt by a Muslim prisoner to obtain additional attorney fees for alleged violations of an agreed injunctive order, and remanded for further proceedings. Following remand, the district court awarded over $74,000 in fees ...

BOP Staff at FMC Lexington Recover Monetary Damages and Attorney Fees for Privacy Act Violations

In a lengthy decision, the Court of Appeals for the Sixth Circuit held that approximately 100 employees of the Bureau of Prisons (BOP) could recover damages under the Federal Tort Claims Act for violations of the Privacy Act at the Federal Medical Center (FMC) in Lexington, Kentucky. The defendants in ...

Second Circuit Denies Connecticut Student's §1983 Claim against School Officials

Second Circuit Denies Connecticut Student's §1983 Claim against School Officials

by Derek Gilna

The United States Court of Appeals for the Second Circuit has upheld a district court order granting summary judgment to public school officials in Burlington, Connecticut, in which student Avery Donniger had claimed her First Amendment ...

New Hampshire Supreme Court Reverses Dismissal of Indictments against Prisoner for Conduct Exposing Corrections Employee to Bodily Substances

By Derek Gilna

In a November 30 decision, the New Hampshire Supreme Court reversed a dismissal of indictments against Timothy Spade, a prisoner at the Hillsborough County House of Correction that charged him with several counts of aggravated assault under RSA 642:9,11, which prohibits any purposeful expulsion of ...

 

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