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Article • September 15, 2011 • from PLN September, 2011
Official Capacity Not the Same as Governmental Agency in Texas Civil Suit by Matthew Clarke by Matt Clarke On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same …
Article • August 15, 2011
New York Jail “Incarceration Cost” Charges Enjoined by John Dannenberg by John E. Dannenberg The Supreme Court of Nassau County granted an Article 78 petition against Nassau County that enjoined it from charging non-indigent prisoners a “per diem” incarceration fee, thereby voiding Title 21 and 21-A of the Miscellaneous Laws …
Washington Prison Guards Sue Prisoners by Brandon Sample Prisoners who attack Washington state prison guards can add one more potential consequence to their actions – garnishment of their commissary accounts. The effort to garnish prisoners’ accounts is being spearheaded by the Washington Staff Assault Task Force (WSATF), a group of …
Article • July 15, 2011
Gifts Not “Income” for Pennsylvania Child Support Orders by The Commonwealth Court of Pennsylvania held that the Pennsylvania Department of Corrections (DOC) applied an erroneous definition of “income,” to withdraw funds from a prisoner’s trust account. On May 26, 2005, a trial court issued an order to withhold income for …
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
Article • July 15, 2011
California Prisoner Entitled to Parole Gate Money Even if Release is to a Hold for Sexually Violent Predator Evaluation by John Dannenberg California Prisoner Entitled to Parole "Gate Money" Even if Release is to a Hold for Sexually Violent Predator Evaluation By John E. Dannenberg The California Court of Appeal …
Article • July 15, 2011 • from PLN July, 2011
State Audit Finds Maryland Prison Employees Misused Funds in Prisoner Accounts by Matthew Clarke by Matt Clarke State lawmakers have registered outrage after a state audit, released in October 2010, revealed that employees of the Maryland Department of Public Safety and Corrections (DPSC) at five finance offices in the Baltimore …
Article • July 15, 2011 • from PLN July, 2011
Ninth Circuit Denies Arizona Prisoner Access to Dedicated Discharge Account by In a September 27, 2010 decision, the Ninth Circuit Court of Appeals affirmed a district court’s order denying Arizona prisoner Timmy Lee Ward access to a dedicated discharge account while he was still imprisoned. Ward alleged that since his …
Fifth Circuit: Wyoming Prisoner May Sue Texas Private Prison Officials by Matthew Clarke by Matt Clarke On June 16, 2008, the Fifth Circuit Court of Appeals ruled that a Wyoming state prisoner housed at a privately-operated prison in Texas could sue private prison officials for retaliation and taking money from …
Article • April 15, 2011
All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee by David Reutter By David M. Reutter The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, …
Article • April 15, 2011
Money May Be Withdrawn From Texas Prisoner's Trust Fund without Prior Notice by On June 5, 2009, the Supreme Court of Texas held that funds may be removed from a state prisoner's trust fund account to satisfy a court order without prior notice to the prisoner. Walter E. Harrell, a …
Settlement Allows North Carolina Prisoners to Receive Compensation for Writings by David Reutter by David M. Reutter North Carolina’s Department of Corrections (NCDOC) has entered into a settlement agreement that allows prisoners to prepare for publication and receive compensation for manuscripts so long as the prisoner “authorizes a family member …
Publication • October 1, 2010
Healthcare Copay Report, 2010 - Bureau of Prisons Federal Prisoner Health Care Copayment Act of 2000 Report to Congress Status Report: October 2010 Legislative Summary: On October 12, 2000, the President signed into law the Federal Prisoner Health Care Copayment Act of 2000 (P.L. 106-294) (codified at 18 U.S.C. § …
Article • September 15, 2010 • from PLN September, 2010
Pay-to-Stay Jails Unsuccessful in Ohio by David Reutter by David M. Reutter Part of the legacy of the punitive criminal justice philosophy of the 1990s is pay-to-stay incarceration, which involves jails charging prisoners booking fees and per-diem fees. [See: PLN, July 2010, p.10]. The rhetoric behind pay-to-stay programs is that …
Celebrity Justice: Prison Lifestyles of the Rich and Famous by Matthew Clarke by Matt Clarke There are two criminal justice systems in the United States. One is for people with wealth, fame or influence who can afford to hire top-notch attorneys and public relations firms, who make campaign contributions to …
Article • July 15, 2010 • from PLN July, 2010
Massachusetts Supreme Judicial Court: Sheriff May Not Charge Jail Fees by Matthew Clarke by Matt Clarke On January 5, 2010, the Supreme Judicial Court of Massachusetts held that the Sheriff of Bristol County could not charge fees for certain jail services. In 2002, prisoners at the Bristol County House of …
Washington DOC Pays Work Release Prisoner Back $3,660 Confiscated in Room Search by In January 2007, Washington state prisoner, Kenneth Lee, was housed at a work release facility in Seattle. During a search of his room, DOC staff discovered $3,600 in cash, which was confiscated because it exceeded the $60 …
Article • April 15, 2010 • from PLN April, 2010
Florida County Jail Discontinues Medical Co-Pay Policy by David Reutter by David M. Reutter Saying it was “not even worth it” to collect an $8 medical co-payment from prisoners seeking medical care, Florida’s Pinellas County Sheriff Jim Coats has abolished the practice at his jail. In these tough economic times …
The Prison Industries Enhancement Certification Program: Why Everyone Should be Concerned by Bob Sloan From the late 19th century into the depression years, Americans struggled economically. For the man and woman on the street to the businesses, companies and manufacturers vainly trying to keep their enterprises afloat, those were difficult …
Article • March 15, 2010 • from PLN March, 2010
Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges by Joseph R. Dole Few prisoners would be shocked to learn that they are paying too much for items sold in prison commissaries or canteens. The Illinois Dept. of Corrections (IDOC), however, has taken commissary price-gouging to an extreme level. …
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