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Cases of Interest From the U.S. Supreme Court's 1997-98 Term
Loaded on Sept. 15, 1998
published in Prison Legal News
September, 1998, page 3
Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. The underlying case involved a defendant convicted of taking $357,144 out …
Filed under:
Prosecutor/Attorney General Misconduct,
Damages,
Settlements,
Parole,
Habeas Corpus,
Wrongful Imprisonment,
Forfeiture,
Immunity/Liability,
Prosecutorial Immunity.
Locations:
California,
Pennsylvania,
Washington.
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More from this issue:
- U.S. Supreme Court Rules That ADA Applies to Prisoners, by Paul Wright
- U.S. Supreme Court Reverses Reed
- Zero Tolerance Drug Policy in New Jersey
- Cases of Interest From the U.S. Supreme Court's 1997-98 Term
- Allan Ellis' Federal Prison Guidebook, by Paul Wright
- From the Editor, by Paul Wright
- The Razor Wire, by Paul Wright
- Briefs of Leading Cases in Corrections, by Paul Wright
- Cigarette Health Hazards, by Paul Wright
- Connecticut Prisoner Rights, by Paul Wright
- An End to Silence, by Paul Wright
- Criminal Law, by Paul Wright
- Pro Se Tips and Tactics, by John Midgley
- Critical Resistance Conference
- Struggling Against the Death Machine, by Dan Pens
- Whitewash in Greene County, by Mumia Abu-Jamal
- Fee Payment Orders Not Immediately Appealable
- Administrative Exhaustion
- CA Death Row Decree Ended
- Three Strikes Doesn't Apply to Pending Cases
- Sixth Circuit Requires Administrative Exhaustion
- Court Refunds PLRA Deferred Fee Overpayment
- Administrative Exhaustion Still Required
- ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled
- ADA Roundup
- ADA and RA Suits Not Barred by 11th Amendment
- ADA Applied to AR Jail
- CA ADA/RA Injunction Affirmed
- ADA Applies to State Prisons
- Illinois Suing Prisoners for Cost of Incarceration
- California Guard Gets Prison in Child Molester Attacks, by Willie Wisely
- Tennessee Prison Privatization Bill Fails to Pass, by Alex Friedmann
- MI Prison "Fee" Law Preempted by ERISA
- Bivens Action is Not Time Barred When in Compliance With Rule 3
- Kansas Prisoners Entitled to Notice of Prison Rules
- Two Year Limitations on Illinois § 1983 Suits
- Dismissal for Incompetent Appointed Lawyer Reversed
- $13,501 Jury Award in Seg Case Affirmed; New Trial Denied
- Publications Lawsuit Settled in Alabama, by Cayce Moore
- Strip Searched Massachusetts Women Settle Suit for $80,000
- AEDPA Successive Petitions Clause Not Applicable to Disiplinary Hearings
- Washington Felon Voting Suit Proceeds
- No Immunity for Abestos Exposure; Toxic Water Claim Remanded
- News in Brief
- Legislative Immunity For Local Jail Budget Votes
- $1,000 Awarded in Denial of Dental Care in TX
More from these topics:
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- North Carolina Parole Commission Agrees to Stop “Moving Goalposts” for Prisoners Who Committed Crime as Juveniles, Feb. 1, 2026. Parole Board Misconduct, Rehabilitation/Recidivism, Parole, Juvenile Offenses/Offenders, Cruel and Unusual Punishment.
- $2.4 Million Paid to Indiana Prisoners Sickened With Legionnaire’s Disease by Contaminated Water, Nov. 1, 2025. Contagious Disease -- Misc., Water, Settlements, Municipal Liability, Medical Neglect/Malpractice.
- $1.8 Million Settlement Reached Following CDCR Data Breach, Nov. 1, 2025. DOC/BOP misconduct, Medical Records, Settlements, Class Certification, Disclosure of Records, Class Notice, Public Records, Restitution, Trust Accounts.
- SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
- Fourth Circuit Rules in Favor of Prisoner’s Eligibility for Time Credits, Nov. 1, 2025. Good Time, Habeas Corpus, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Death/Bodily Injury, Sentencing Findings.
- Jailhouse Lawyer Gets 16-1/2-Year Sentence for Defrauding Prisoner “Clients”, Nov. 1, 2025. Prisoner Legal Assistance, Restitution, Forfeiture, Revocation/Modification of Probation, etc., Fraud and Deceit, Conditions of.
- $4 Million Verdict Returned in Colorado Jail Suicide Case, Nov. 1, 2025. Damages, Failure to Train/Supervise, Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Eleventh Circuit Overturns 1990 Alabama Death Sentence Over Racially Biased Jury Selection; ACLU Report Shows It Is Still Happening, Nov. 1, 2025. Racial Discrimination, Habeas Corpus, Death Penalty, Batson Claims, Racial Bias Exception.
- $3.6 Million Paid by Minnesota County After Hemophiliac Jail Detainee Died from Brain Bleed, Nov. 1, 2025. Systemic Medical Neglect, Settlements, Americans with Disabilities Act, Medical Neglect/Malpractice, Deliberate Indifference.

