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Article • August 15, 2008
IFRP Not an Improper Delegation of Judicial Authority to BOP by The Bureau of Prisons did not usurp a judicial function by imposing a schedule governing the plaintiff's payment of the criminal fine imposed as part of his sentence. The court did not delegate its function to the Bureau; it …
Article • August 15, 2008
Collecting Reasonable Fees from Kansas Prisoners for Government Reimbursement Not Unconstitutional by Kansas state prisoner Michael Taylor appealed the dismissal of his 42 U.S.C. § 1983 action alleging various constitutional violations for the deduction of supervision fees from his prison account. The dismissal of his suit was affirmed. Taylor was …
Article • August 15, 2008
Illinois Seizes Prisoner’s Life Insurance Inheritance by Leonce J. Ruckman, an Illinois state prisoner who had been incarcerated since 1988, received the benefits of his mother’s life insurance policy after she died. He used some of the proceeds to purchase a MetLife annuity with a cash value of $32,178.22. When …
Article • August 15, 2008
Indiana Bank Not Liable for BOP Restrictions Placed on Federal Prisoner's Account by Indiana federal prisoner John Burnside appealed a summary judgment dismissal in favor of Old National Bank (ONB) in his complaint for contractual and fiduciary breaches under Indiana law. Burnside alleged that ONB did not honor his request …
Article • August 15, 2008
Michigan State Treasurer Seizes 90 Percent Of Prisoner's Suit Proceeds by Michigan State prisoner Raymond Jackson sought leave to appeal an appellate ruling allowing the state treasurer to seize 90 percent of his federal action proceeds under the State Correctional Facility Reimbursement Act (SCFRA). His attorneys appealed the reduction of …
Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges by David Reutter In November 2007 a federal grand jury issued an indictment charging Clinch County, Georgia Sheriff Winston C. Peterson, 62, with perjury, using forced prisoner labor and extorting former jail prisoners. Peterson’s indictment marked the second time in the …
Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines by The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as …
CA Uses Jail Inmate Welfare Funds for Reentry; Expands Early Release for Permanently Disabled CDCR Prisoners by In September 2007, Governor Schwarzenegger signed Senate Bill (SB) 718 into law, which amends penal code § 4025 to permit the use of Inmate Welfare Funds (IWF) collected in eight California counties to …
Alabama DOC Charges Prisoners Unlawful Fees to Cover Budget Shortfalls by Matthew Clarke by Matt Clarke On June 1, 2007, the Alabama Department of Examiners of Public Accounts released an audit report critical of the funding practices of the state's Department of Corrections (DOC). The DOC operates 19 prisons, 10 …
Article • May 15, 2008
Supreme Court Discusses Right to Travel by The right to travel has been upheld in several Supreme Court decisions, but its source has not been identified. Non-residents' right to equal treatment is protected by the Privileges and Immunities Clause of Article IV absent a "substantial reason" to treat them differently. …
Article • April 15, 2008 • from PLN April, 2008
Michigan Counties Unsuccessful at Collecting Costs of Jail Imprisonment by Matthew Clarke by Matt Clarke On September 12, 2007, the Lenawee County Commission became embroiled in a debate over how to collect $6.3 million in outstanding ?room and board? fees from former jail prisoners that had accrued over the past …
Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction by Kirsten D. Levingston by Kirsten D. Levingston1 "At some point, we have to be able to say to people who have been incarcerated, and served time on probation or parole upon release, you have …
Article • January 15, 2008
Virginia Jail Pay-to-Stay Fee Constitutional by Bob Williams The United States Court of Appeals for the Fourth Circuit has upheld Virginia's county jail $1.00 per day pay-to-stay fee under the Due Process and Taking Clauses, even though the issue on appeal was the dismissal of the underlying action pursuant to …
Article • January 15, 2008
New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment by The New York Supreme Court in Albany County has held that funds in a prisoner's inmate account are not exempt from garnishment to satisfy a judgment under the state's Son-of-Sam law even if those funds are military …
Article • January 15, 2008
Removal to Federal Court Denied State Court Jurisdiction by The Missouri Court of Appeals held that a state circuit court lacked jurisdiction to rule on a summary judgment motion in a case that had been removed to federal court. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) for …
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
Article • January 15, 2008
Illinois Seizes Prisoner’s Life Insurance Inheritance by Illinois Seizes Prisoner's Life Insurance Inheritance Leonce J. Ruckman, an Illinois state prisoner who has been incarcerated since 1988, received the benefits of his mother?s life insurance policy after she died. He used some of the money to purchase a MetLife annuity with …
Article • January 15, 2008 • from PLN January, 2008
Connecticut Prisons Begin 10% Deductions of Prisoner Monies by The Connecticut Department of Corrections (CDOC) has put into effect a new state law that creates savings accounts for prisoners. The new law, which took effect July 1, 2007, allows CDOC to automatically deduct 10 percent of any funds that are …
Arizona Law Requires Ineligible Prisoners to Fund Transition Programs by The Arizona Legislature has enacted a law that requires prisoners to pay five percent of their earnings to fund re-entry transition programs. The pay deduction applies to prisoners who are ineligible to participate in such programs because of their crimes. …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
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