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Article • November 15, 2007 • from PLN November, 2007
Michigan’s Law Attaching Prisoner Retirement Benefits Trumped By Federal Law by Michigan's Law Attaching Prisoner Retirement Benefits Trumped By Federal Law Michigan requires financially able prisoners to contribute up to 90% of monies received at their prison address to the state's coffers as an offset to the cost of their …
Brief • November 2, 2007
Hopkins v. Flores, CA, Settlement, jail inmate welfare fund recovery, 2008 CLASS ACTION SETTLEMENT AGREEMENT This Class Aetion Settlement Agreement ("Settlement Agreement") i'; entered into by a elass of inmates of the Santa Clara County jails ("Inmate Class"), through Class Counsel, and Santa Clara County ("County") nle foregoing are refolwd …
$100 Million In Restitution Fines Collected From California Prisoners Since 1992 by In an April 26, 2007 speech at the National Crime Victims? Rights Week in southern California, Governor Schwarzenegger announced that over $100 million had been collected from prisoners since 1992 in the form of court-ordered restitution fines. ?If …
Connecticut Takes Cut of Prisoner Judgments and Inheritances by Matthew Clarke by Matthew T. Clarke Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, …
Article • September 15, 2007 • from PLN September, 2007
Texas Must Afford Prisoners Due Process in Trust Fund Garnishment by Matthew Clarke by Matthew T. Clarke In an unprecedented decision, a Texas court of appeals held that the state must give a prisoner notice and other due process protection when garnishing his trust fund for payment of criminal fines. …
Arkansas Ups Work-Release Fees to Pay for Guard-Drivers by On October 27, 2006, the Arkansas Board of Corrections unanimously voted to increase the daily fees charged prisoners participating in the work-release program from $15 to $17. The increase is to be used to pay for guards to drive the prisoners …
Article • May 15, 2007
Oklahoma Prisoner Has Right to File Civil Complaint to Enforce Property Rights by The Court of Civil Appeals of Oklahoma, Division 3, held that the Ottowa County District Court erred when it dismissed a prisoner's complaint citing a statute that suspends prisoners' civil rights. A prisoner serving a life sentence …
Denial of Compensation to Unemployed Prisoner Doesn't Violate Constitution by The U.S. Third Circuit Court of Appeals upheld a Pennsylvania federal district court's dismissal of a state prisoner's suit where the prisoner claimed that denial of "idle pay" violated his constitutional rights. Joseph Fidtler sued the Pennsylvania Department of Corrections …
Article • May 15, 2007
Excessive Account Deductions May State First Amendment Claim by The U.S. Eighth Circuit Court of Appeals partly reversed dismissal of a Missouri prisoner's civil rights complaint alleging that a prison official was retaliating against him for filing lawsuits by deducting excessive amounts of money from his prison account. George Brown, …
Article • May 15, 2007
Prison Can Deduct All Wages from Prisoner to Satisfy Debt by The U.S. Sixth Circuit Court of Appeals, affirming a federal district court in Michigan, held that withdrawal of all funds from a prisoner's account to satisfy court debts did not violate due process, did not block access to the …
Prison Disciplinary Conviction Creates Property Interest by The U.S. District Court for the State of New Jersey held that a state prisoner was entitled to due process in determining the amount of restitution owed in connection with a prison disciplinary conviction: Alexander Artway, a NJ state prisoner, was charged with …
Garnishment of Prisoner's Wages not Actionable in State Court by The Colorado Court of Appeals has ruled that state prisoners may not seek relief under the Administrative Procedures Act (APA) or C.R.C.P. Rule 106 to address claims of unlawful garnishment of wages by the Department of Corrections (CDOC). Adam Jones, …
Article • May 15, 2007
Eighth Circuit: No Constitutionally Protected Interest in Iowa Prison Wages by The U.S. Eighth Circuit Court of Appeals held that deductions made from an Iowa prisoner's wages to pay court costs were constitutional. Iowa prisoner John Hrbek was convicted of murder in a state court. As part of his sentence, …
Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed by Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed In this case involving a prison disciplinary proceeding, the Tennessee Court of Appeals held that material factual disputes surrounding a prisoner's waiver of his right to 24-hour notice and …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
Kansas COA Upholds Denial of Hygiene Supplies by The Kansas Court of Appeals held that a state prisoner's inability to purchase basic hygiene items and over-the-counter medication did not violate the constitutional proscription against cruel and unusual punishment. Kansas state prisoner David P. Stolte challenged via habeas corpus a prison …
Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement by Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement The U.S. Sixth Circuit Court of Appeals disallowed named plaintiffs from receiving so-called "incentive awards" for their roles in the litigation and settlement of a suit against Ohio prison …
Article • May 15, 2007
Oklahoma Court Establishes Procedure for Recouping Costs of Incarceration by The Oklahoma Court of Criminal Appeals has established a procedure for trial courts to follow in determining the amount a defendant must pay for the cost of his or her incarceration in a county of city jail. 22 O.S.Supp.1999, § …
Article • May 15, 2007
8th Circuit Remands Damages Seizure for Reconsideration under Hankins v. Finnel by In an unpublished opinion, the Eighth Circuit Court of Appeals reversed a district court order refusing to enjoin Missouri from attaching a § 1983 judgment for incarceration costs. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) …
WA Gift Subscription Ban Settled for $443.46 by In 1997, William J.R Embrey, a federal prisoner at the Washington State Penitentiary (W.S.P) accepted $443.46 to settle a lawsuit. In 1985 the Federal Bureau of Prisons (BOP) sent Embrey to the Washington Department of Corrections WDOC, pursuant to a contract between …
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