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Articles by Derek Gilna

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

$60 Million in Strip Search Settlements for Cook County Jail Prisoners

Two separate settlements totaling almost $60 million were approved between November 2010 and January 2011 for Cook County, Illinois jail prisoners who were strip searched before being released. Both settlements stemmed from federal court cases filed under 42 U.S.C. § 1983, one in 2004 and the other in 2006 ...

Illinois Federal Court Denies Prisoner Release Order at Cook County Jail

In a per curium decision, on January 11, 2011 a three-judge panel of federal judges of the U.S. District Court for the Northern District of Illinois denied a request by the Sheriff of Cook County for entry of a prisoner release order pursuant to 18 U.S.C. § 3626 ...