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Articles by Derek Gilna

Supreme Court Voids North Carolina Law Barring Sex Offenders from Facebook

by Derek Gilna

In a unanimous decision, on June 19, 2017 the U.S. Supreme Court struck down a North Carolina statute that prohibits convicted sex offenders from accessing “a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to ...

Seventh Circuit Reverses Dismissal of Civil Rights Suit against Cook County Jail

by Derek Gilna

Kevin Dixon was a pretrial detainee at the Cook County Jail in Chicago, Illinois when he was diagnosed with a paratracheal mass. Unfortunately, according to the Seventh Circuit, medical personnel at the facility “were aware of the problem, but they accused [him] of malingering, gave him over-the-counter ...

New York State Attorney General Settles Suit Against Jail’s Medical Provider

by Derek Gilna

In July 2016, New York State Attorney General Eric T. Schneiderman filed a lawsuit against Armor Correctional Health Services, the medical provider for the jail in Nassau County. The suit alleged a dozen prisoners had died at the facility, in large part due to substandard medical care ...

Michigan Jail Sanctioned for Denying Access to Paralegals

by Derek Gilna

On June 23, 2016, jail officials in Genesee County, Michigan entered into a federal consent decree that required them to provide detainees with bottled water to replace water at the jail that was contaminated by lead. [See: PLN, March 2016, p.22]. As part of the consent ...

San Diego County Settles Prisoner Overdose Death for $2.3 Million

by Derek Gilna

On August 2, 2016, officials in San Diego County, California agreed to settle a federal civil rights suit stemming from a prisoner’s death caused by a drug overdose at the county’s central jail.

According to the complaint, Bernard Victorianne, 28, was arrested for driving under the influence; ...

Report Finds Substandard Medical Care in ICE Facilities

by Derek Gilna

In a July 2016 report, Human Rights Watch (HRW) found that 16 of the 18 immigrant detainees who died in Immigration and Customs Enforcement (ICE) custody from 2012 to 2015 received substandard medical care, and that in 7 of those cases, inadequate care likely contributed to their ...

New Mexico State Court Orders Disclosure of Corizon’s Litigation Records

by Derek Gilna

New Mexico District Court Judge Raymond Z. Ortiz ruled in August 2016 that Corizon Health, a for-profit medical services provider, must release its settlement agreements in lawsuits filed against the company by New Mexico prisoners.

Until last year, Corizon provided medical care at 10 state correctional facilities. ...

ICE Settles Suit Filed by Immigration Detainees, Pays $405,000 in Attorney Fees

by Derek Gilna

Immigration and Customs (ICE) officials in northern California agreed to settle a three-year-old federal class-action lawsuit that focused on ICE policies which unnecessarily restricted the ability of immigration detainees to communicate with their counsel and prepare for court hearings. The November 2016 settlement required ICE to pay ...

Former LA County Sheriff to Serve Three Years in Prison

by Derek Gilna

Former Los Angeles County Sheriff Lee Baca was sentenced on May 12, 2017 to three years in federal prison for lying to federal officials investigating allegations of corruption, physical abuse, bribery and misconduct in the LA County Sheriff’s Department (LASD). The sentence brought to an end a lengthy prosecution that laid bare what U.S. District Court Judge Percy Anderson called a “blind obedience to a corrupt culture.”

 Baca, 74, was convicted by a jury after the court rejected a plea agreement that would have resulted in a six-month sentence. After his guilty plea was denied, Baca’s first trial ended in an 11-1 deadlock in favor of acquittal on obstruction charges; he was convicted at a second trial. [See: PLN, Aug. 2016, p.34; March, 2016, p.1].

“This verdict sends a clear message that no one is above the law,” said acting U.S. Attorney Sandra Brown. “He knew right from wrong and he made the decision. That decision was to commit a crime.”

A total of nine people, including Baca’s second-in-command, Paul Tanaka, were convicted and received prison sentences in connection with what the FBI termed a long-running conspiracy to conceal evidence from a grand jury reviewing allegations ...

Global Tel*Link Agrees to Pay $8.8 Million in Class-action Settlement

by Derek Gilna

Global Tel*Link (GTL), the telecom company known for exploiting prisoners with high phone rates to maintain communication with their friends and family members, agreed on March 27, 2017 to pay $8.8 million to settle a federal lawsuit alleging violations of the Telephone Consumer Protection Act of 1991 ...