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Articles by Derek Gilna

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 ...

D.C. Appeals Court Dismisses Prisoners' Privacy Claims in Photograph Retention Suit

Derek Gilna

The U.S. Court of Appeals for the District of Columbia turned aside an appeal by Keith Maydak, Ambrose Mitchell, Paul Lee, and Gregory Smith, who were federal prisoners, alleging violations by the Bureau of Prisons (BOP) and the U.S. of 28 USC section 1331, and 1321 ...

Federal Magistrate Rules on Case Filed by State Prisoner Denied Delivery of Prison Legal News

A United States Magistrate in the State of Oklahoma has issued a Report and Recommendation regarding Oklahoma prison officials' motion for summary judgment seeking to dismiss an Oklahoma prisoner's civil rights and habeas corpus complaint filed based upon the denied delivery of Prison Legal News (PLN) and other publications ...

Former Judges in “Cash for Kids” Scandal Sentenced

Two former Pennsylvania state court judges who were accused by federal prosecutors of running a multi-million dollar scheme to send juvenile offenders to privately-run prisons in exchange for bribes have been sentenced.

Former judge Mark A. Ciavarella, Jr., 62, who presided over the juvenile court system in Luzerne County, brought ...

ICE, CCA Settle ACLU Lawsuit Regarding Health Care for Immigration Detainees

A lawsuit filed by the American Civil Liberties Union that alleged deficiencies in health care at the San Diego Correctional Facility (SDCF) in Otay Mesa, California has been settled, according to a December 16, 2010 press release issued by the ACLU.

The suit named as defendants the Immigration and Customs ...