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Articles by Derek Gilna

IFRP Restitution Issues May Not Be Delegated to BOP by Sentencing Judge

The U.S. Court of Appeals for the 9th Circuit has ruled that "a sentencing court must review the issue of defendant restitution, not simply order "immediate" repayment and delegate the details of the actual payment schedule to the Bureau of Prisons (BOP) or the Probation Department. In doing so, the ...

Federal Tort Claims Action Dismissal Upheld for Failure to Timely File

Maria Inamagua Merchan, an undocumented alien awaiting deportation in an Immigration and Customs Enforcement (ICE) detention facility, died while in custody, and her estate brought an action under the Federal Tort Claims Act (FTCA) against ICE and the Department of Homeland Security (DHS), alleging medical malpractice, a Section 1983 claim, ...

Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit

The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union (SEIU) was consolidated into the NEOCH case, and attorneys for both ...

"Mere Possession" of a prison shank found sufficient for finding of "crime of violence'

Jermaine Mobley was sentence to 37 months in the Eastern District of North Carolina in 2010 for possession of a prohibited object in prison as de­fined by 18 U.S.C. Section 1791(a)(2), after being found to be a career offender under Section 4B1.1. of the Sentencing Guidelines. Mobley appealed and the ...

GEO Texas Immigration Facility Hit for Substandard Health Care and Understaffing

GEO, the world's largest private prison company, has been cited by the United states Department of Justice (DOJ) Office of Inspector General (OIG) for overcharging the Bureau of Prisons for contract services, abusing prisoners with inadequate medical care, and wrongfully disciplining other prisoners at their  Reeves County Detention Facility I/II ...

Bureau of Justice Statistics Study on Reentry Released

In 2012, the last year for which statistics are available, "there were ...over two million people incarcerated in prisons and jails across the country," according to the Bureau of Justice (BJS) statistics on offender reentry published in 2015. The report highlighted the fact that since 1990, an average of 590,000 ...

Female Montana Prison Nurse Receives 25 Years for Mixing Business With Pleasure

A former nurse at a Montana men’s prisons said  “I still claim my innocence” that she was guilty of having unauthorized sexual contact with male prisoners at a drug treatment facility at which she worked, but recordings of her telephone call showed that she was anything but innocent.  Jurors at ...

New York City’s Rikers Island Jail Agrees to Federal Consent Decree, Reforms

The Rikers Island jail complex in New York City is notorious for excessive use of force against prisoners. It has been sued dozens of times by prisoners, prisoners’ rights organizations and even the U.S. Department of Justice (DOJ). Prison Legal News has reported extensively on the numerous problems at Rikers, ...

Despite Initial Approval, Belgian Prisoner Denied Euthanasia

Belgian prisoner Frank Van Den Bleeken, who in 1989 raped and killed Christiane Remacle, a student from Antwerp, was sentenced to life and has spent over 30 years in prison. Most European countries, unlike the United States, have abolished the death penalty. Belgium did so in 1996, though the last ...

Wrongfully-convicted Former Prisoner Receives $13.2 Million in FBI Hair Analysis Case

A 55-year-old man who was convicted based upon the now-discredited “science” of forensics hair analysis has been awarded $13.2 million by District of Columbia Superior Court Judge John M. Mott. This was just the latest in a long line of cases where pseudo-scientific testimony by the FBI crime lab resulted ...