Skip navigation

Search

529 results
Page 17 of 27. « Previous | 1 2 3 4 ... 13 14 15 16 17 18 19 20 21 ... 23 24 25 26 27 | Next »

Article • May 15, 2007
New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay by New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay On May 8, 2006, the Supreme Court of Albany County, New York, has held that State prisoner George Wendell's military retirement pay is not exempt …
Article • May 15, 2007 • from PLN May, 2007
Florida DOC Liable for Legal Copy Costs Not Repaid by The Circuit Court for Leon County, Florida, on October 4, 2006, awarded a Florida Department of Corrections (FDOC) prisoner $1,030 in damages and court costs in an action seeking recovery of the cost of legal copies made for the prisoner. …
Article • May 15, 2007 • from PLN May, 2007
Washington State Waits Too Long to Collect Restitution by Division 2 of the Washington State Court of Appeals has vacated a restitution order imposed in a criminal case because the state took no action to secure payment for over 10 years. On June 26, 1986, Daniel Sigo pled guilty to …
Article • May 15, 2007
Prisoners Have Property Interest in their Money by Prisoners Have Property Interest in Their Money The court of appeals for the Eighth circuit affirmed a district court order directing Nebraska prison officials to return $463.00 found in a prisoner's cell and directing it be placed in the Inmate Welfare Fund …
Article • May 15, 2007
Property Interest in Trust Fund Money by Property Interest In Trust Fund Money The court of appeals for the Fifth circuit held that a Louisiana state prisoner had a property interest in the funds in his prison trust account and may have been denied due process when prison officials seized …
Article • May 15, 2007
No Right to Interest Bearing Accounts by The court of appeals for the Eighth circuit held that Missouri prisoners have no right to open or continue making bank deposits into interest bearing accounts. Prisons are not obligated to pay interest on trust fund accounts. Note that other courts have held …
Restitution Allowed At Prison Disciplinary Hearing by The court of appeals for the Seventh circuit held that a prison disciplinary hearing comporting to Wolff v. McDonnell, 94 S.Ct. 2963 (1974) afforded sufficient due process in order for BOP officials in Illinois to seize the prisoner's trust fund account money to …
Article • May 15, 2007
BOP IFRP Program Upheld by The court of appeals for the Second circuit upheld the constitutionality of the BOP's Inmate Financial Responsibility Program for collecting financial debts, restitution and fines from federal prisoners through an escalating series of coercive acts. Case arose in New York. See: Johnpoll v. Thornburgh, 898 …
Article • May 15, 2007
Seizure of MO Escapee's Prison Account Upheld by The Missouri Court of Appeals upheld the confiscation of a state prisoner's trust fund account after he escaped from work release and remained at large for a month. The defendant prison officials claimed he abandoned the funds when he escaped. The trial …
Article • May 15, 2007
Unlawful Withdrawal of Prisoner's Funds Warrants Only Nominal Damages by The U.S. Sixth Circuit Court of Appeals affirmed an Ohio federal district court decision awarding only nominal damages to a state prisoner in an action alleging that Ohio corrections officials unlawfully withdrew money from the prisoner's account. Kenneth Brown, a …
WI Release Fund Can Be Used to Pay Filing Fee by A federal district court in Wisconsin held that a Wisconsin state prisoner transferred to a private prison in Tennessee cannot have funds from his release account transferred to his general trust account. The release account is created under a …
Confiscation of Social Security Benefits Actionable Under Rehabilitation Act by The U.S. Court of Appeals for the Sixth Circuit held that juveniles formerly in state custody whose benefits were seized by the Tennessee Department of Children's Services (DCS) to pay for their "maintenance," could pursue a claim under the Rehabilitation …
Article • May 15, 2007
Imposition Of Constructive Trust To Collect Pension Benefits Prohibited by The U.S. Supreme Court held that a constructive trust imposed against the recipient of pension fund benefits in order to satisfy a monetary judgment against him violated the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA). …
Article • May 15, 2007
Illinois Prisoner Entitled to $5 Per Diem Against Fine; Court Has No Authority to Withhold Corrections Wages by The Illinois Fourth District Court of Appeals held a trial court does not have authority to withhold a prisoner's monthly corrections income, and a prisoner is entitled to a $5 per diem …
State Cannot Seize § 1983 Award to Satisfy Incarceration Costs by The Eighth Circuit Court of Appeals held a state may not seek reimbursement of costs for incarceration by seizing monetary damages awarded in a 42 U.S.C. §1983 action. A Missouri state prisoner was awarded $1 nominal damages and $3,000 …
Article • May 15, 2007
$1,400 Recovery Obtained in Fraudulent WA Money Transfer by Airway Heights Correctional Center prisoner John Ralph Johnson filed a state tort claim with the Washington State Office of Risk Management stating that prisoner Clinton Larry forged two money transfers for $600 and $800 from Johnson's prisoner trust account to be …
Article • May 15, 2007
Missouri Attaches Prisoner's Award Against CMS, 8th Cir Remands by On July 28, 2003, the U.S. 8th Circuit Court of Appeals ordered a district court to reconsider whether the State of Missouri could confiscate a prisoner's judgment against a prison medical provider under the state's cost of incarceration statute. Acting …
Article • May 15, 2007
Seizure of State Court Settlement Damages by MO DOC Upheld by Federal Courts by The plaintiff had cash seized on arrest; it was neither returned nor forfeited, so he sued; there was a settlement and the money was paid into his prison account. Eight days later the state invoked the …
Prisoner Can Block Repayment of Social Security Payments in Court by The plaintiff was imprisoned and the Social Security Administration notified him that it was stopping his retirement benefits and seeking $9,577 in overpayments received before they figured out he was locked up. SSA refused to waive the overpayment under …
FTCA Does Not Apply to Prisoner's Property Mailed Outside Prison by Affirming the District Court of Kansas, the U.S. Tenth Circuit Court of Appeals held that the Federal Tort Claims Act (FTCA) does not apply to a federal prisoner's personal property mailed outside of prison. Samuel Haywood Myles, a prisoner …
Page 17 of 27. « Previous | 1 2 3 4 ... 13 14 15 16 17 18 19 20 21 ... 23 24 25 26 27 | Next »