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Article • April 15, 2003 • from PLN April, 2003
Interest on Washington Restitution Cannot Be Suspended by In a brief ruling, a Washington state appeals court held that trial courts lack the statutory authority to suspend the accrual of interest on court ordered restitution. Dean Claypool pled guilty to second degree assault charges and, in addition to a prison …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Money/Property, Interest
Denial of Interest Does Not Violate Takings Clause by The Fourth Circuit held that the denial of interest earned on prison trust accounts does not violate the Takings Clause of the Fifth Amendment. Virginia prisoner William Washlefske earns an average of $108.76 each month from prison labor. That money is …
Article • September 15, 2001 • from PLN September, 2001
Washington Supreme Court Upholds 35% Seizure Law by Roger Smith Washington Supreme Court Upholds 35% Seizure Law; But Prisoners Entitled To Interest From Mandatory Savings Accounts The Washington Supreme Court has declared RCW § 72.09.480 to be constitutional. The statute directs the Washington Department of Corrections (DOC) to seize 35% …
Article • November 15, 2000 • from PLN November, 2000
Withholding Interest Does Not Violate Takings Clause by A federal district court in California held that prison officials did not violate the Takings Clause by failing to pay interest on funds deposited by prisoners into non-interest bearing "Inmate Trust Accounts" (ITAs). The court also held that: applying interest earned on …
Article • April 15, 1999 • from PLN April, 1999
Seizure of Trust Account Interest Violates Takings Clause by The Court of Appeals for the Ninth Circuit held that prisoners possess a constitutionally protected property interest in the interest earned on prisoner trust accounts. The California Department of Corrections, (CDC), has established two separate types of trust accounts that prisoners …
Refusal to Waive Interest States Claim by The court of appeals for the ninth circuit held that a district court erred when it dismissed a prisoner's claim that he was fired from his prison job when he refused to waive his right to interest accruing to his prison trust fund …
Article • February 15, 1998 • from PLN February, 1998
KS S.Ct. Affirms Trust Account "Service Fee" by KS S.Ct. Affirms Trust Account "Service Fee" In two separate cases the Kansas supreme court affirmed a state DOC policy, KAR 44-5-115, which imposes a $1 monthly surcharge on prisoners for administering their prison trust accounts. A state district court held that …
Article • February 15, 1994 • from PLN February, 1994
Filed under: Money/Property, Interest
Prisoner Entitled to Interest From Prison Account by Prisoner Entitled To Interest From Prison Account Lester Tellis is a Nevada state prisoner. He requested that prison officials credit his personal property account with the interest actually earned on those funds. The officials refused, claiming that Nevada Revised Statute 209.241 grants …
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