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Articles by Derek Gilna

7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA

The Freedom of Information Act, or FOIA, is a valuable tool in piercing the veil of secrecy that often surrounds government investigations and decision making. After Appleton Paper Inc, or API, and other companies were accused of polluting the Fox River near Green Bay, Wisconsin, API sought, through a FOIA ...

New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act

In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the Defendants dual constitutional challenges to the constitutionality of the statute as applied to individuals such as himself, and ...

DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner

The Court of Appeals for the District of Columbia has affirmed the district court denial of the Freedom of Information Act (FOIA) request of prisoner Benny Lee Hodge,
who had sought document disclosure from the FBI of 569 pages of “a complete and thorough search of all filing systems and ...

Iowa Supreme Court Supports Prisoner Suppression Motion

In a case of first impression, the Iowa Supreme Court has reversed an Iowa Court of Appeals decision denying a "limited statutory right to a custodial in-person consultation with an attorney," and suppressed an operating a motor vehicle while intoxicated (OWI) breath test result.

Carson Michael Walker was arrested on ...

South Carolina Prisoner's Case Dismissed Under Three Strikes Rule of PLRA

Prisoner James G. Blakely, according to the decision, “has pursued over forty cases in federal district court, ten appeals in this Court, and numerous suits in state court.” The case before the Fourth Circuit Court of Appeals dealt with a Section 1983 action, including the South Carolina Department of Corrections, ...

Sixth Circuit Remands Wrongful Death Case to Reduce Punitive Damage Award

Dorothy V. Freudeman was an elderly lady in poor health who was a resident of the Landing of Canton, (Ohio), an assisted living facility. While there she was apparently mistakenly given anti-diabetic medication, which resulted in permanent brain damage and caused her health to deteriorate. She died fifteen month later, ...

Seventh Circuit Rules for State Officials in Prisoner Medical Co-pay Dispute

The Seventh Circuit has upheld the district court dismissal of prisoner Peter Poole III’s complaint again the Big Muddy River Correctional Center in downstate Illinois over its refusal to waive what he felt was an unnecessary co-payment of a medical bill. Poole had sued in federal district court against the ...

Idaho Supreme Court Denies Bail Bondsmen Damage Claims

In a recent decision, the Supreme Court of the State of Idaho has ruled against Allied Bail Bonds, Inc., who had appealed a lower state court decision denying it relief for several claims, including the alleged breach of a prior settlement agreement.

According to the decision, Allied had initially brought ...

Seventh Circuit Affirms Imprisonment Does Not Promote Correction and Rehabilitation

The Seventh Circuit Court of Appeals overturned the above-guidelines sentence wherein the sentencing judge stated he wanted the defendant to "get mental health treatment." In so ruling, the Seventh Circuit followed the case of Tapia v. United States, 131 S.Ct. 2382 (2011), which stated that "imprisonment is not an appropriate ...

New Hampshire Supreme Court Affirms Order of Superior Court Denying His Motion to Amend the Conditions of His Suspended Sentence

In an opinion issued on September 17, 2010, the State Supreme Court in New Hampshire upheld the Superior Court's denial of defendant Jonathan A. Perfetto's motion to amend the conditions of his suspended sentence.

Mr. Perfetto had previously pleaded guilty to possession of child pornography in 2002, and as part ...