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Brief • November 11, 2013
Filed under: Money/Property
Adams v. Benton Sheriff, AR, Plf Mtn SJ, debit card program, 2013 Case 5:13-cv-05074-PKH Document 32 Filed 11/11/13 Page 1 of 3 PageID #: 847 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS, CESAR REYES, PAM PHILPOTT, BRANDON PHILPOTT Individually and on behalf …
Brief • November 11, 2013
Filed under: Money/Property
Adams v Benton Sheriff, AR, Plf Statement, debit card program, 2013 Case 5:13-cv-05074-PKH Document 34 Filed 11/11/13 Page 1 of 6 PageID #: 863 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS, CESAR REYES, PAM PHILPOTT, BRANDON PHILPOTT Individually and on behalf of …
Article • October 15, 2013 • from PLN October, 2013
Private Detention Facility Forced into Bankruptcy, Sold at Auction by The Irwin County Detention Center (ICDC) in Ocilla, Georgia has been sold at auction after the facility’s owner, Municipal Corrections LLC, was forced into bankruptcy court by bondholders. A 2007 agreement between Irwin County and Municipal Corrections demonstrates the risks …
IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the Ninth Circuit has held that “where the sentencing court has failed to consider whether the defendant has the financial resources to pay restitution immediately, ordering immediate payment impermissibly …
Eighth Circuit Denies Civilly Confined Minnesota Patients 1983 Action by Derek Gilna Civilly-committed patients in the Minnesota Sex Offender Program (MSOP) filed suit under 42 U.S.C. § 1983 against Minnesota Department of Human Services (DHS) and Minnesota Department of Corrections (DOC) officials, alleging that various conditions of their confinement were …
Brief • October 9, 2013
Filed under: Money/Property
Harmon v. Oklahoma DOC, OK, Settlement, Lost Wedding Ring, 2013 GENERAL RELEASE AND SETTLEMENT AGREEMENT This General Release and Settlement Agreement is entered into and executed on ~c ±D bet 1 ,2013, by and between the Oklahoma Department ofCorrections (DOC), Paul Cradduck and Sonny L. Harmon. RECITALS 1. Offender, Sonny …
Brief • September 26, 2013
In re Municipal Corrections, GA, Notice of Filing Auction Transcript, private prison debtor assets, 2013 Case 13-50786-pwb Doc 358 Filed 09/26/13 Entered 09/26/13 09:14:39 Document Page 1 of 27 Desc Main UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION In re: Chapter 11 MUNICIPAL CORRECTIONS, LLC, …
Article • September 15, 2013 • from PLN September, 2013
Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons by As a matter of first impression, the Second Circuit Court of Appeals has undertaken a Fourth Amendment balancing analysis with regard to the right of a civilly committed person to be free from unreasonable seizures under the Fourth Amendment. …
Article • September 15, 2013 • from PLN September, 2013
Filed under: Money/Property, Restitution
California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution by The California Supreme Court has reversed a restitution order assessed against a defendant who, while driving intoxicated, killed another driver in a freeway collision. The Court held that 1) the estate of the accident victim (who died without heirs) …
Article • September 15, 2013 • from PLN September, 2013
Second Circuit: No Social Security Payments for Prisoners by Last year, the Second Circuit Court of Appeals held that the “No Social Security Benefits for Prisoners Act (the Act), Pub. L. No. 111-115, 123 Stat. 3029 (2009), bars the Social Security Administration (SSA) from making any payments to incarcerated individuals …
Article • August 15, 2013
Rooker-Feldman Doctrine Bars Review of State Court Order by District Courts by The Sixth Circuit Court of Appeals affirmed a Michigan federal district court’s order that dismissed an action challenging state court orders that allowed confiscation of a prisoner’s pension benefits for incarceration costs. Three Michigan prisoners filed this putative …
Article • August 15, 2013 • from PLN August, 2013
"Mere Possession" of a Prison Shank Constitutes a "Crime of Violence" by Derek Gilna "Mere Possession" of a Prison Shank Constitutes a "Crime of Violence" by Derek Gilna In 2010, federal prisoner Jermaine Mobley was sentenced to 37 months by the U.S. District Court for the Eastern District of North …
Brief • July 10, 2013
Elliot v. City of New York, NY, Order Awarding Interest on Settlement, False Arrest, 2013 Case 1:11-cv-07291-RWS Document 15 Filed 07/10/13 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - --------- ------ ----------- ------ ----X SOPHIA ELLIOT and I.E., Plaintiffs, 11 Civ. against- OPINION CITY …
Article • June 15, 2013 • from PLN June, 2013
Fourth Circuit: No Qualified Immunity for Bail Bondsmen; $100,000 Damages Award Upheld by The Fourth Circuit Court of Appeals has upheld a jury verdict and $100,000 damages award, concluding that bail bondsmen are not entitled to qualified immunity. South Carolina bail bondsman Jon E. Ham, through his company Quick Silver …
Article • June 15, 2013 • from PLN June, 2013
Filed under: Money/Property, Restitution
Millions Owed in Unpaid Restitution in Oregon by As of early 2012, medium- and high-risk offenders in three of Oregon's 36 counties owed almost $155 million in unpaid restitution, with an average of just 16 percent of offenders statewide complying with restitution orders, according to the Oregon Department of Corrections …
Brief • June 14, 2013
Adams, Reyes, Philpott V. Sheriff Cradduck, inmates' debit card fee complaint, 2013 Case 5:13-cv-05074-PKH Document 18 Filed 06/14/13 Page 1 of 15 PageID #: 104 IN THE UNITED STATES DISTRICT COURT WESTE RN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS, CESAR REYES, PAM PHILPOTT, BRAND ON PHILPOTT, individually and …
Brief • June 14, 2013
Adams v. Benton County Sheriff, AR. Amended Complaint, Jail Debit Card Kickbacks, 2013 Case 5:13-cv-05074-PKH Document 18 Filed 06/14/13 Page 1 of 15 PageID #: 104 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS, CESAR REYES, PAM PHILPOTT, BRANDON PHILPOTT, individually and on …
Kuchcinski v. Box Elder County, UT, Complaint, Due Process and Bail, 2013 Case 1:13-cv-00084-RJS Document 2 Filed 06/07/13 Page 1 of 10 FILED ELECTRONICALLY James E. Harward (Utah Bar #4702) W. Earl Webster (Utah Bar #12274) HARWARD & ASSOCIATES Jordan Commons Office Tower 9350 South 150 East, Suite 740 Sandy, …
Publication • 2013
A Lifetime of Punishment (Report on Drug Convictions and Welfare Benefits) The Sentencing Project 2013 A LIFETIME OF PUNISHMENT: THE IMPACT OF THE FELONY DRUG BAN ON WELFARE BENEFITS For more information, contact: The Sentencing Project 1705 DeSales Street NW 8th Floor Washington, D.C. 20036 This report was written by …
Publication • June 1, 2013
The Financial Realities of Ohio's Pay-to-Stay Jail Policy ACLU 2013 Adding It Up The Financial Realities of Ohio’s Pay-to-Stay Jail Policies Introduction The United States is the largest incarcerator in the world, and Ohio ranks eighth in terms of prison population size.1 Many of the individuals incarcerated are low-level, nonviolent …
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