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Restitution Not Owed for Arrest Costs, West Virginia Court Holds

Loaded on Feb. 15, 2014 by Derek Gilna published in Prison Legal News February, 2014, page 50
Filed under: Crime/Demographics, Escapes, Restitution. Location: West Virginia.
Petitioner Michael John McGill appealed his December 2010 state conviction for escape from home confinement while on bail and the sentencing judge’s order that he pay $8,261.56 in “restitution to the State for costs associated with apprehending him following his unauthorized departure from home confinement.”

According to a decision by …

 

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  1. Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison, by David Reutter
  2. From the Editor, by Paul Wright
  3. Prison Phone Justice Campaign: Recent Developments
  4. Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards
  5. What Are the Odds of Complete Reversal After Conviction in the Second Circuit?, by Peter Schmidt
  6. The Effects of Private Prison Confinement in Minnesota on Offender Recidivism
  7. Confronting Prison Slave Labor Camps and Other Myths, by James Kilgore
  8. Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief
  9. Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert.
  10. California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act
  11. PA Prison Lieutenant Fired After Assisting in Criminal Investigation
  12. PLN Settles Censorship Suit Against Texas County Jail for $175,000
  13. New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement, by Matthew Clarke
  14. California: State Prisoner Cannot Serve Concurrent Sentence in County Jail
  15. Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case
  16. Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000, by Derek Gilna
  17. Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, by John Dannenberg
  18. California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release
  19. Medical Parole for Texas Prisoners on the Decline, by Matthew Clarke
  20. Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement
  21. Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence, by Christopher Zoukis
  22. NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction
  23. Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation
  24. Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs, by Christopher Zoukis
  25. West Virginia Sex Offender Does Not Have Right to Attend Specified Church
  26. Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim
  27. Rules Governing Lethal Injections Not Required under Georgia Law
  28. Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause
  29. Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons
  30. Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination, by Derek Gilna
  31. Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity
  32. Ninth Circuit Upholds Six-Day Contraband Watch Conditions
  33. Reflections on the No More Jails Campaign in Champaign County, Illinois, by James Kilgore
  34. Ninth Circuit Questions Constitutionality of Requiring Jail Prisoners to Wear Pink Underwear, by Matthew Clarke
  35. Pennsylvania Jail Official Indicted for Groping Co-workers, by Christopher Zoukis
  36. Solitary Confinement’s Invisible Scars, by Five Oman Mualimm-ak
  37. Lawsuit, Whistleblower Allege Rape by Guards at New Mexico Prison
  38. Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months
  39. Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed
  40. Restitution Not Owed for Arrest Costs, West Virginia Court Holds, by Derek Gilna
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  42. Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights
  43. Justice Department Reports: Correctional Populations Declining at Slower Pace, by Derek Gilna
  44. Jails Market Electronic Cigarettes to Prisoners, by Christopher Zoukis
  45. Crime Declines while Anti-crime Funding Increases, by Christopher Zoukis
  46. News in Brief

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