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Article • September 15, 1999 • from PLN September, 1999
Washington 35% Spousal Suit Update by In last month's issue of PLN we reported the trial court ruling striking down RCW 72.09.480. This Washington statute allows the Department of Corrections to seize 35% of all funds sent to prisoners. Dean v. Lehman is the state court lawsuit filed by the …
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee by The court of appeals for the Seventh circuit held that prison wardens are responsible for ensuring Prison Litigation Reform Act (PLRA) filing fees are transmitted from the trust accounts of prisoners to the courts. Wardens who fail …
Article • August 15, 1999 • from PLN August, 1999
Washington 35% Law Struck Down by State Court by 0n May 17, 1999, King County (Seattle) superior court judge Glenna Hall held that RCW 72.09.480 was unconstitutional. In 1995 the Washington legislature enacted RCW 72.09.480 which mandates the seizure by the Department of Corrections (DOC) of 35% of all funds …
Article • August 15, 1999 • from PLN August, 1999
Washington Legislature Amends 35% Law, Again by Paul Wright RCW 72.09:480 was enacted in 1995 as part of House Bill (FIB) 2410, a massive prisoner bashing bill that unanimously passed the legislature that year. RCW 72.09.480 was slipped into HB 2010 with no public hearings, debate or notice. The law …
Article • August 15, 1999 • from PLN August, 1999
Washington DOC Illegally Penalizes Indigents by On December 24, 1998, Thurston county superior court judge Daniel Bershauer held that Washington prison officials had unlawfully converted an indigent prisoner's funds. Roger Smith, a prisoner at the Airway Heights Correctional Center (AHCC), was indigent when he was sent $10. AHCC officials then …
Article • August 15, 1999 • from PLN August, 1999
Costs Imposed Regardless of Ability to Pay by The court of appeals for the Sixth circuit held that the Prison Litigation Reform Act (PLRA) allows courts to impose costs on losing prisoner litigants regardless of their ability to pay. The court held that the PLRA overruled prior circuit precedent to …
Article • July 15, 1999 • from PLN July, 1999
Washington Restitution Order Expired Ten Years After Release by The Washington state court of appeals granted a prisoner's personal restraint petition, holding that under RCW 9.94A.142(1994) his restitution obligation expired 10 years after his release from confinement for the crimes which gave rise to the restitution order. In 1986, Brandt …
Eighth Circuit Upholds, Defines IFP Provisions by The court of appeals for the Eighth circuit, in two separate rulings, has upheld and defined the In Forma Pauperis (IFP) provisions of the PLRA. Kenneth Murray filed a petition under the All Writs Act, 28 U.S.C. § 1651, claiming a court clerk …
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 …
Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners by The Court of Appeals of Indiana has held that the Indiana Department of Corrections (DOC) violated state law, Title 11, Section 11-10-5-1 when it denied all education programs to prisoners in protective custody. The court held that …
Washington 35% Statute Upheld in State Court by AWashington state appeals court upheld the constitutionality of two statutes which allow the seizure by the state of 35% of the wages prisoners earn and of the money sent in to prisoners from outside the prison system. The court held the laws …
Article • January 15, 1999 • from PLN January, 1999
Tennessee Prisoners Fight to Keep Money by Eight Tennessee prisoners have filed suit to challenge the constitutionality of a state law that allows the Department of Corrections to seize up to 90 percent of a prisoner's trust account to pay for the cost of their own imprisonment. The new law …
Liberty Interest Created By Fine by A federal district court in Nevada held that a Nevada prisoner had no liberty interest in remaining free of one year of disciplinary segregation. The court also ruled that the prisoner had a property interest in money taken from his account for restitution and …
Article • October 15, 1998 • from PLN October, 1998
Maryland Indigent Court Cost Suit Settled by On July 1, 1997, U.S. district court judge Marvin Garbis approved the settlement of a class action suit involving the collection of previously waived indigent court costs. In 1991 the Maryland legislature enacted a Budget Reconciliation Act, 1991 Md. Laws, Ch. 3, § …
CT Prisoners Pinched for Cost of Imprisonment by A1995 "get tough" state law mandated that the Connecticut Department of Correction write a regulation for assessing prisoners for the cost of their incarceration In 1997, that mandate was codified into sections 18-85a-1 to 18-85a-4 of the "Regulations of State Agencies: cost …
Article • September 15, 1998 • from PLN September, 1998
MI Prison "Fee" Law Preempted by ERISA by Afederal district court in Michigan held that the State Correctional Facility Reimbursement Act (SCFRA), Mich.Comp.Laws.Ann. § 800.401 and Mich.Stat.Ann. § 28.1701, is preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1000, which prevents the state from seizing pension …
Article • September 15, 1998 • from PLN September, 1998
Illinois Suing Prisoners for Cost of Incarceration by Illinois prisoner Kenneth Williams has spent much of the last 12 years working in the Stateville Correctional Center tailor shop sewing prison pants, coats, jumpsuits and shirts. As a result of the job, Williams has saved about $5,000. Money he says he'll …
Article • September 15, 1998 • from PLN September, 1998
Court Refunds PLRA Deferred Fee Overpayment by A federal court in Illinois has held that neither prison officials nor the courts have the statutory authority to take more than 20% of a prisoner's monthly income to satisfy deferred filing fees under the PLRA. James Higgason, an Illinois prisoner, filed suit …
Article • August 15, 1998 • from PLN August, 1998
TDCJ PLRA Forms Okay by TDCJ PLRA Forms Okay: The court of appeals for the fifth circuit denied a prisoner's motion to proceed on appeal with IFP status because he refused to fill out a Texas Dept. of Criminal Justice (TDCJ) form authorizing withdrawals from his prison trust account to …
Behind Closed Doors: Struggle in Washington IMU's by Jennifer Vogel In the "Intensive Management Unit" at the state prison in Shelton, WA a man who looks to be in his 50s is wearing an orange plastic rain jacket and pacing the parameter of the "yard." The yard is really just …
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