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Article • August 15, 2011
New York Jail “Incarceration Cost” Charges Enjoined by John Dannenberg by John E. Dannenberg The Supreme Court of Nassau County granted an Article 78 petition against Nassau County that enjoined it from charging non-indigent prisoners a “per diem” incarceration fee, thereby voiding Title 21 and 21-A of the Miscellaneous Laws …
Washington Prison Guards Sue Prisoners by Brandon Sample Prisoners who attack Washington state prison guards can add one more potential consequence to their actions – garnishment of their commissary accounts. The effort to garnish prisoners’ accounts is being spearheaded by the Washington Staff Assault Task Force (WSATF), a group of …
Article • July 15, 2011
Administrative Forfeiture of Assets Requires Notice by The Fifth Circuit Court of Appeals has held that an evidentiary hearing must be held to determine if constitutional notice was given by the Drug Enforcement Agency (DEA) to administratively forfeit $13,000. That holding comes after a Mississippi federal district court held the …
Article • July 15, 2011
Gifts Not “Income” for Pennsylvania Child Support Orders by The Commonwealth Court of Pennsylvania held that the Pennsylvania Department of Corrections (DOC) applied an erroneous definition of “income,” to withdraw funds from a prisoner’s trust account. On May 26, 2005, a trial court issued an order to withhold income for …
Article • July 15, 2011
Texas Prisoner’s Property Destruction Damages Properly Pleaded by Matthew Clarke By Matt Clarke A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court. Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit …
Article • July 15, 2011
Restitution Decisions Nondelegable; Alcohol Consumption Supervision Condition Invalid by The Ninth Circuit Court of Appeals held that a lower court erred in imposing supervision conditions which delegated restitution decisions to a probation officer, and prohibiting alcohol consumption. It upheld conditions restricting employment and requiring searches without a warrant. “Marcus Betts …
Article • July 15, 2011
Filed under: Money/Property, Restitution
California: When Fine Imposed Is Payable to State Restitution Fund and Not Directly To Victim, 10% Administrative Fee Is Not Authorized by John Dannenberg By John E. Dannenberg The California Court of Appeal held that when a prisoner is ordered to pay a restitution fine to the State Restitution Fund, …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
Article • July 15, 2011
Fifth Circuit: Federal Government May Collect Restitution Up To 20-Years by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection …
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
Article • July 15, 2011
California Prisoner Entitled to Parole Gate Money Even if Release is to a Hold for Sexually Violent Predator Evaluation by John Dannenberg California Prisoner Entitled to Parole "Gate Money" Even if Release is to a Hold for Sexually Violent Predator Evaluation By John E. Dannenberg The California Court of Appeal …
No FTCA Claim for Property Erroneously Mailed Home By BOP; Failure to Protect Claim Cognizable by Brandon Sample No FTCA Claim for Property Erroneously Mailed Home by BOP; Failure to Protect Claim Cognizable by Brandon Sample The United States is immune from suit under the Federal Tort Claims Act (FTCA) …
Article • July 15, 2011
Ninth Circuit Upholds BOP's Authority to Set Payment Schedules Under IFRP by Brandon Sample By Brandon Sample The Federal Bureau of Prisons (BOP) is free to use its Inmate Financial Responsibility Program (IFRP) to collect restitution from prisoners in amounts different than those set by a defendant's sentencing court, the …
Article • July 15, 2011
California: Hospital Billings for Injured Victim Are Not Subject To Restitution Order by The California Court of Appeal held that the sentence of a perpetrator of elder abuse injuries could not be enhanced to include a restitution order to repay the medical billings from his victim's hospital provider. The court …
Article • July 15, 2011 • from PLN July, 2011
State Audit Finds Maryland Prison Employees Misused Funds in Prisoner Accounts by Matthew Clarke by Matt Clarke State lawmakers have registered outrage after a state audit, released in October 2010, revealed that employees of the Maryland Department of Public Safety and Corrections (DPSC) at five finance offices in the Baltimore …
Article • July 15, 2011 • from PLN July, 2011
Ninth Circuit Denies Arizona Prisoner Access to Dedicated Discharge Account by In a September 27, 2010 decision, the Ninth Circuit Court of Appeals affirmed a district court’s order denying Arizona prisoner Timmy Lee Ward access to a dedicated discharge account while he was still imprisoned. Ward alleged that since his …
Article • June 15, 2011 • from PLN June, 2011
Federal Courts Reject Leniency Pleas from Politically-Connected Defendants by David Reutter by David M. Reutter Despite a prosecutor’s request for a probationary sentence, a Massachusetts federal judge sentenced Patrice Tierney, 60, the wife of U.S. Representative John F. Tierney, to 30 days in prison followed by five months on house …
Publication • 2011
Lancaster County Prison Settlements, Todd B. Spidle of Sunday News, 2011 Recent settlements of lawsuits filed against Lancaster County Prison PRISON INMATE James Hodapp Paul Barbacano Vance Laughman Strip search suit Luis Rivera Marquez James Wilson Felix Nieves Jon Eichelman TOTAL SETTLEMENT COSTS OF DEFENSE TOTAL COUNTY PAYOUT $122,500 $75,000 …
Publication • 2011
Greene County Auditor's Office - Greene County Missouri Sheriff Audit, 2011 County f GREEnE State 1'~tSsouPi GREENE COUNTY COURTHOUSE SPRINGFIELD MO, 65802 OFFICE OF CINDY S. STEIN, CPA Auditor October 20, 2013 The following documents were requested and provided to Mr. Christopher Cross: Financial audits for Commissary, Property & Civil …
Fifth Circuit: Wyoming Prisoner May Sue Texas Private Prison Officials by Matthew Clarke by Matt Clarke On June 16, 2008, the Fifth Circuit Court of Appeals ruled that a Wyoming state prisoner housed at a privately-operated prison in Texas could sue private prison officials for retaliation and taking money from …
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