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Why False Imprisonment Recoveries Should Not Be Taxable
Loaded on Sept. 15, 2009
by Robert Wood
published in Prison Legal News
September, 2009, page 16
by Robert W. Wood1
Filed under:
Physical Injury Rule,
Damages,
Wrongful Conviction,
Wrongful Imprisonment,
Money/Property,
Tax Law.
Location:
United States of America.
Claims for false imprisonment may be brought in various ways under federal or state law. An individual who has been wrongfully incarcerated may sue under 42 U.S.C. Section 1983 for a violation of his constitutional rights. The individual may also sue under state tort law, making ...
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More from this issue:
- Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs*, by Alphonse A. Gerhardstein
- From the Editor, by Paul Wright
- Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction
- Former Prisoner Convicted of Impersonating Criminal Defense Attorney
- Why False Imprisonment Recoveries Should Not Be Taxable, by Robert Wood
- Texas’ Parole Condition X Violates Due Process, by Gary Hunter
- $2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit
- Using Chemical Agents on Mentally Ill Prisoners Unconstitutional, by David Reutter
- Audit Finds California Prison Receiver Broke State Law by Making No-Bid Contracts with Verizon, by Michael Brodheim
- Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling, by Matthew Clarke
- Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail, by David Reutter
- Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees, by Brandon Sample
- Working in Legal Field Not Prohibited While on Federal Supervised Release
- Prisoners Not Evacuated, Parolees Rounded Up as Hurricanes Hit, by Gary Hunter
- Contraband Smuggling by Texas Prison Guards Rarely Punished Harshly, by Matthew Clarke
- Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, by Marvin Mentor
- Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity, by Brandon Sample
- Organ Harvesting In China Prison Goes High Tech, by Gary Hunter
- Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him?
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, by Marvin Mentor
- New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court, by Brandon Sample
- $25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11
- FBI And States Expand Collection Of DNA To The Innocent, by Brandon Sample
- Sheriff and Guards Indicted: Sex, Misconduct and Contraband Scandal at Texas Jail, by Matthew Clarke
- Washington States Passes New Law for Automatic Restoration of Voting Rights, by Eric Nygren
- Philadelphia Tax Break for Hiring Ex-Prisoners a Bust
- U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims, by David Reutter
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, by Marvin Mentor
- $3.75 Million Settlement for Orange County, California, Jail Detainee Severely Beaten by Prisoners
- Violence on the Rise in Arizona Prisons, by David Reutter
- Maryland Prisoners Receive Kosher Food, by Brandon Sample
- From the Bottom of the Heap: The Autobiography of Black Panther Robert Hillary King, Oakland, CA: PM Press (2009) $24.95 hardback, 217 pages, by Mel Motel
- Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard, by Brandon Sample
- Oklahoma Prisoner Awarded $65,000 for Inadequate MSRA Care, by Brandon Sample
- $1 Million Settlement in Santa Clara, California Jail Suicide
- No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died
- Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel
- California Prison Still Subpar, Grand Jury Finds
- News in Brief:
- $1,000 Jury Award to Beaten Missouri Prisoner
More from Robert Wood:
- Why False Imprisonment Recoveries Should Not Be Taxable, Sept. 15, 2009
- ARE FALSE IMPRISONMENT RECOVERIES TAXABLE?, Dec. 15, 2008
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- Nearly 150 Exonerations in 2024 Highlight Persistent Flaws in U.S. Criminal Justice System, April 15, 2025. Criminal justice system reform, Wrongful Conviction.
- Connecticut Compensates Exonerated Prisoners, Reforms Policing, April 15, 2025. Police Misconduct, Settlements, Wrongful Conviction.
- Biden Clemency Recipients Included Virginians Sentenced for “Acquitted Conduct”, April 1, 2025. Wrongful Conviction, Pardons/Clemency, False Confessions, Drug Laws/Offenses.
- $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, April 1, 2025. Settlements, Wrongful Conviction.
- Nebraska Supreme Court Announces ‘Working Days’ for Purposes of ‘Temporary Domicile’ SORA Reporting Requirement Means Weekdays, Excluding Legal Holidays, and Reverses Conviction for Failure to Register, March 15, 2025. Sex Offender Registration, Wrongful Conviction.
- Bite Marks and Broken Justice: A Louisiana Man’s Life and Death Struggle Against Junk Science, March 15, 2025. junk science, Wrongful Conviction.
- $25.75 Million for Exonerated North Carolina Prisoner’s 44 Stolen Years, March 1, 2025. Settlements, Wrongful Conviction.
- Hawaii Supreme Court Revives Exonerated Prisoner’s Quest for First Payout From Wrongful Conviction Fund, March 1, 2025. Settlements, Wrongful Conviction.
- HRDC Files Suit on Behalf of Florida Man Wrongfully Convicted and Incarcerated for 31 Years, Feb. 15, 2025. Wrongful Conviction, HRDC Litigation.