- Associated Press - Sunday, June 15, 2014

EUGENE, Ore. (AP) - A federal judge has dismissed an $800,000 lawsuit filed by a convicted double-murderer who said he was mistreated during his 19 months at the Lane County Jail.

The suit filed by 38-year-old Johan Gillette alleged that the jail denied him and other inmates certain comforts, such as decent food, soft beds and the annual swimsuit edition of Sports Illustrated.

U.S. District Court Judge Ann Aiken noted in an order dismissing the suit that Gillette did not contact the court after filing the handwritten claim last November. Despite that lack of communication, Gillette’s lawsuit remained active until Aiken dismissed it Wednesday.

The lack of communication, however, was not all Gillette’s fault.

His mailing address changed in late March, after he was convicted and then sentenced for the 2012 murders of his father, James Gillette, 73, and the father’s girlfriend, Anne McLucas, 71. Both died of multiple crushing blows to the head, delivered by what was believed to have been some kind of wrench.

A review of court filings by The Register-Guard newspaper (https://is.gd/ugNziQ) shows that county officials didn’t challenge allegations made in the suit until after Gillette was sentenced to two consecutive life sentences.

Corrections officials transported Gillette from the Eugene jail to state prison on March 27. A day later, a county attorney filed a motion seeking the dismissal of several claims made in the lawsuit.

Federal officials notified Gillette of the county’s motion by mailing court documents to the county jail. The mail was returned to the court with a label stating it was “not deliverable” to Gillette at that address.

County officials asked a judge to dismiss Gillette’s lawsuit in its entirety, contending he failed to follow a court rule that requires plaintiffs in civil actions to keep the court aware of their current mailing address.

Aiken granted the county’s request and wrote that an appeal from Gillette “would be frivolous and not taken in good faith.”

Gillette now lives at the Snake River Correctional Institution in Ontario.


Information from: The Register-Guard, https://www.registerguard.com

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