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Article • September 15, 2005 • from PLN September, 2005
Interest Awarded in New Hampshire Canteen Surcharge Fee by The New Hampshire Supreme Court held that the state was required to pay interest to all prisoners who receive pecuniary damages as a result of" Starr v. Governor, the New Hampshire canteen surcharge case. Darren Starr, a prisoner of the New …
Article • September 15, 2005 • from PLN September, 2005
Michigan: Money Bilked From Prisoners by Michigan: Money Bilked From Prisoners Used For Bonuses While Michigan was trying to boost its cash-starved budget through spending cuts and tax increases, those in the Attorney General's Office were feasting on money squeezed from state prisoners. In October 2004, Attorney General Mike Cox …
Article • September 15, 2005 • from PLN September, 2005
$7,500 of Personal Injury Award Exempt From Attachment By Illinois DOC by A court of appeals in Illinois ruled that the Illinois Department of Corrections (DOC), which was seeking to attach a settlement awarded a prisoner in a personal injury suit, could not attach $7,500 of the award. That ruling …
Texas Attorney General Clarifies Confiscation Law Governing Prisoner Art Sales by Michael Rigby Texas prisoners can sell artwork over the internet and retain the proceeds as long as the value is not increased because of their notoriety, an opinion by Attorney General Greg Abbott has confirmed. The Attorney General's January …
Article • June 15, 2005 • from PLN June, 2005
Restitution Payments By Federal Defendant Whose Direct Appeal Was Final Held Not Reimbursable Upon L by Restitution Payments By Federal Defendant Whose Direct Appeal Was Final Held Not Reimbursable Upon Later Collateral Relief by John E. Dannenberg A convicted swindler whose direct appeal of his federal conviction was denied, but …
Michigan's Restrictive Placement Of HIV+ Prisoners Enjoined; $2 Million Damages Awarded by by John E. Dannenberg Winning a fifteen year state court battle, Michigan prisoners who tested positive for HIV (AIDS virus), and who were otherwise eligible to serve their time in community residential programs, camps or farms, gained the …
Article • April 15, 2005 • from PLN April, 2005
Court Holds Florida's Administrative Processing Fee is Constitutional by by David M. Reutter On December 21, 2004, Florida's Leon County Circuit Court held that a 2004 law that imposed an administrative processing fee on monies deposited into prisoner accounts does not violate the Florida Constitution's single-subject rule. The December 2004 …
California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes by California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes A phantom "Banco de Pelican Bay" has sprung up at California's supermax Pelican Bay State Prison (PBSP), wherein 14 Mexican Mafia (nicknamed "Eme") prisoners had their prison …
Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby Eight Connecticut prisoners who were sued by the state after the publication of their book, Couldn't Keep It To Myself: Testimonies from our Imprisoned Sisters , will get …
Brief • February 11, 2005
Williams v. Clinch County, GA, Reply in Support of Class Cert., Jail Fees, 2005 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION WILLIE FLOYD WILLIAMS, JR., and MICKLE JERMAINE JACKSON Plaintiffs, v. CLINCH COUNTY, GEORGIA; WINSTON PETERSON, Sheriff of Clinch County, in his official …
Brief • February 11, 2005
Hopkins v. Flores, CA, Complaint, Mismanagement of Inmate Welfare Fund, 2005 1 2 ~ 3 (Qb 4 © 5 U 6 7 8 9 10 KYRA KAZANTZIS (CSB No. 154612) JAMES F. ZAHRADKA II (CSB No. 196822) PUBLIC INTEREST LAW FIRM 111 West St. John Street, Suite 315 San Jose, …
Article • January 15, 2005 • from PLN January, 2005
Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby The sheriff of Bristol County, Massachusetts, has been enjoined from gouging prisoners and their families on jail service fees in accordance with his Inmate …
Article • January 15, 2005 • from PLN January, 2005
Kansas Supreme Court Upholds Gift Subscription Ban by The Kansas Supreme Court ruled that the Kansas Department of Corrections' (KDOC) rule IMPP 11-101, which prohibits prisoners from receiving gift subscriptions to magazines and newspapers, does not violate the prisoners' constitutional rights under the First Amendment. Reversing the Kansas Court of …
Brief • January 5, 2005
Williams v. Clinch County, GA, Motion for Class Certification, Jail Fees, 2005
Article • December 15, 2004 • from PLN December, 2004
Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged by David Reutter by David M. Reutter A class action suit filed in Florida's Leon County Circuit Court challenges a new law enacted by the Florida Legislature in its 2004 session. That Legislature amended § 944.516, Florida statutes, to add …
Article • December 15, 2004 • from PLN December, 2004
Washington Prison Labor Program Struck Down by Paul Wright by Roger Smith & Paul Wright In a rare reversal of its own prior ruling, the Washington state supreme court has ruled that the Washington Department of Corrections (DOC) must stop "letting out" convict labor to private businesses. The court found …
Article • November 15, 2004 • from PLN November, 2004
Nevada Trust Account Interest, Less Accounting Costs, Belongs To Prisoners by In two separate decisions, the Ninth Circuit U.S. Court of Appeals determined whether the Nevada Department of Prisons (NDOP) procedure of reallocating interest earned on prisoner trust accounts constituted an unconstitutional "taking" in violation of the Fifth Amendment or …
Idaho Incompetence Delays Prisoners' Release, Taxpayers Foot The Bill by Michael Rigby Idaho prisoners check in but they don't check outand it's costing taxpayers thousands. That's the criticism being hurled at the Idaho parole commission and the state Department of Corrections (DOC) for unnecessarily holding prisoners past their approved parole …
Article • July 15, 2004 • from PLN July, 2004
Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA by by Matthew T. Clarke The Supreme Court of Michigan (SCM) upheld a court's ordering a prisoner to have his pension benefits deposited in his prisoner account so that the state can seize a large portion of it to reimburse …
Article • June 15, 2004 • from PLN June, 2004
Florida's Incarceration Cost Recovery Statute Constitutional by The Florida Supreme Court held that a Florida statute that imposes civil liens for recovery of incarceration cost and victim restitution violates neither the Ex Post Facto Clause or Due Process. Florida prisoner 011ie James Goad, who has been incarcerated since February 1991, …
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