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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 …
Article • May 15, 2007
Arkansas Medicaid Injunction Upheld by The district court enjoined proposed budget cutbacks on the ground that they would violate federal Medicaid law. The relevant statute, which has long been held to create a property interest, requires payment methods that assure that payments "are consistent with efficiency, economy, and quality of …
CO Medical Co-Pay Fee Overturned, Plaintiffs Awarded Atty Fees by Colorado prisoners successfully challenged a state statute charging prisoners $3 each time they sought medical care. The lawsuit alleged the co-pay statute violated their Eighth amendment rights. Before trial the state amended the statute to exclude most services. The district …
Maryland Son of Sam Statute Violates First Amendment by The Court of Appeals of Maryland vacated the judgment of the Anne Arundel County Circuit Court in an action brought by the state attorney general against a prisoner for allegedly violating the state's Son of Sam' statute. Ronald W. Price was …
Article • May 15, 2007
Florida Son of Sam Law Upheld by The Florida District Court of Appeals for the First District, affirmed the Bradford County Circuit Court's decision to impose a lien against Danny Rolling, a convicted serial murderer, and his former wife (London), for proceeds of a book, art work, and autographs related …
Article • May 15, 2007
No Temporary Injunction Before Conviction Under Florida Son of Sam Statute by The First District Court of Appeals of Florida held that the Bradford County Circuit Court erred in temporarily enjoining the payment of proceeds earned from the reenactment of a crime, even though there had not yet been a …
Article • May 15, 2007
Statutes Permitting Repossession Without Hearing Violated Due Process by The U.S. Supreme Court held that Pennsylvania and Florida prejudgment replevin statutes, which allowed private parties to repossess goods without first giving the possessors an opportunity to be heard, violated the Fourteenth Amendment. Appellants, most of whom had purchased household goods …
Article • May 15, 2007
Iowa Prisoner Entitled to Due Process in Seizure of Money by The Supreme Court of Iowa held that money in a prisoner's trust account is protected property and funds for restitution cannot be deducted without a due process hearing. A procedural amendment to the IDOC's restitution collection policy allowed for …
Article • May 15, 2007
Illinois Court Without Authority to Withhold Prisoner's Income by The Illinois Fourth District Court of Appeals reversed a trial court's order requiring the Department of Corrections (DOC) to withhold 50% of a defendant's monthly income and remit it to the clerk to satisfy restitution and court costs. The State conceded …
Article • May 15, 2007
Seizure of Nevada Prisoner Wages Held Constitutional by Nevada prisoners filed suit under 42 U.S.C. § 1983 alleging that a prison policy of deducting room and board expenses from wages earned in a work program violated their constitutionally protected rights of due process and equal protection. The district court for …
Article • May 15, 2007
Seizure Of Federal Benefits By State Unconstitutional by The U.S. Supreme Court ruled that no part of a prisoner's Social Security benefits or Veterans Administration benefits could be confiscated by the state as reimbursement for incarceration costs. After the Arkansas legislature passed the State Prison Inmate Care and Custody Reimbursement …
Prisoner's Damages from Civil Suit May Not Be Taken for Recovery of Incarceration by Prisoner's Damages from Civil Suit May Not Be Taken for Recovery of Incarceration Ronald Hankins (plaintiff), a prisoner at the Missouri State Penitentiary (MSP), filed a lawsuit against William Finnel (defendant), a teacher at MSP, for …
Article • May 15, 2007
Eighth Circuit rules that BOP has discretion to place prisoners in IFRP by The Eight Circuit Court of Appeals has held that the Bureau of Prisons (BOP) has the discretion to place prisoners in the Inmate Financial Responsibility Program (IFRP) when the sentencing court orders immediate payment of court-imposed fines. …
Article • May 15, 2007
Pension Fund Garnished to Satisfy Criminal Restitution Order. by A Michigan federal District Court held the government may garnish a criminal defendant's pension fund to satisfy a criminal restitution order. Both the Employee's Retirement Income Security Act (ERISA), 29 U.S.C. 1056 (d)(1), and the Internal Revenue Code, 26 U. S.C.§ …
WA Mail Theft Whistleblower's Emotional Distress Award Vacated by A Washington Appeals Court reversed a jury's award of $4,891 for emotional distress in favor of a Washington Department of Correction's employee and dismissed the case. The employee had reported to supervisors that theft of money from prisoner's mail was occurring. …
Article • May 15, 2007
Due Process Required Before Prisoners' Wages Seized by The court of appeals for the Ninth circuit held that prisoners are entitled to due process before their wages are seized and prison officials were not entitled to qualified immunity for seizing prisoners' wages without due process. The court also upheld denial …
Suit over Door Injury Medical Co-Pay Dismissed by The plaintiff alleged that he was injured when a metal door closed on him and that he waited 90 minutes for medical attention. The claim about the door is dismissed as constituting only negligence. The medical care claim is dismissed for lack …
Suit Over Seizure of IRA Refund Check Dismissed by The plaintiff received a $617.15 refund check from the IRS, about 50% of which reflected an earned income credit, but prison officials sent the check back per an agreement to return prisoners' tax refunds to IRS for review. The plaintiff is …
Article • May 15, 2007
IFRP Exempt from Privacy Act by The Inmate Financial Responsibility Program allows prisoners privileges such as working in UNICOR (prison industries) if they commit to a schedule for paying their court fees, restitution orders, etc. The plaintiff was put in "refuse" status essentially for spending his money down so he …
Article • May 15, 2007
Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs by Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs The United States Court of Appeals for the Federal Circuit has held that periodic deductions from a federal prisoner's military retirement pay constituted continuing claims, …
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