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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 …
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 …
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 …
TDCJ Releases Hold on Prisoner's Trust Fund Account by In August, 2006, Texas prisoner, Michael Gene David, signed a settlement agreement dismissing all claims in a lawsuit he filed pursuant to 42 U.S.C. § 1983 against TDCJ employee, Howard Hill, for retaliation and harassment. Represented by attorney Andrew Lehrman of …
Article • April 15, 2011
All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee by David Reutter By David M. Reutter The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, …
Article • April 15, 2011
California Prisoners Now Able to Earn Interest on Funds Held In Their Trust Account by On August 1, 2008, California Governor Arnold Schwarzenegger signed Assembly Bill 439 into law. The bill, enacted in response to Schneider v. California Department of Corrections 345 F.3d 716 (9th Cir. 2003), amended Section 5008 …
Article • April 15, 2011
Money May Be Withdrawn From Texas Prisoner's Trust Fund without Prior Notice by On June 5, 2009, the Supreme Court of Texas held that funds may be removed from a state prisoner's trust fund account to satisfy a court order without prior notice to the prisoner. Walter E. Harrell, a …
Article • March 15, 2010 • from PLN March, 2010
Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges by Joseph R. Dole Few prisoners would be shocked to learn that they are paying too much for items sold in prison commissaries or canteens. The Illinois Dept. of Corrections (IDOC), however, has taken commissary price-gouging to an extreme level. …
Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a …
Article • February 15, 2010 • from PLN February, 2010
Judge Enjoins Collection of Cost of Incarceration Fees From Federal Prisoner in Washington State Prison by On February 25, 2008, Judge William Thomas McPhee of the Thurston County Superior Court entered an injunction prohibiting the Washington Department of Corrections (DOC) from withholding cost of incarceration and crime victim compensation from …
Maine Prison in Turmoil by Lance Tapley By the time Warden Jeffrey Merrill revealed on June 3 that three Maine State Prison employees had been put on paid leave as a result of a state police investigation of an inmate’s death in April, probes of corruption and other issues at …
Article • October 15, 2009 • from PLN October, 2009
California Sheriffs Appropriate Rehabilitation Funds for Security Needs by Michael Brodheim As California’s budget crisis deepens, local law enforcement agencies are looking for creative ways to cover shortfalls in their budgets. Increasingly, county sheriffs are raiding funds intended by the Legislature to be expended “primarily for the benefit, education and …
Article • April 15, 2009 • from PLN April, 2009
California Class-Action Suit Reinstates $1.5 Million Illegally Siphoned From County Jail Inmate Welfare Fund by John Dannenberg California Class-Action Suit Reinstates $1.5 Million Illegally Siphoned From County Jail Inmate Welfare Fund by John E. Dannenberg Santa Clara County, California (SCC) agreed to settle a class-action lawsuit seeking recovery of funds …
Federal Prisoner Pays $150 filing Fee; Settles $303.10 Suit For $260 by Illinois federal prisoner Marcus Millender brought a federal tort action against the United States in 2000 after prison personnel allowed the fraudulent use of his commissary card, placed him in segregation and transferred him to another prison. The …
Article • October 15, 2008 • from PLN October, 2008
WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing by WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing by Roger Smith Division 2 of the Washington Court of Appeals has upheld a denial by the state Department of Corrections …
Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed by Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed In this case involving a prison disciplinary proceeding, the Tennessee Court of Appeals held that material factual disputes surrounding a prisoner's waiver of his right to 24-hour notice and …
Article • May 15, 2007
No Compensation Due to Owners on IOLTA Funds' Interest Transfers by In a 5-4 decision, a sharply-divided United States Supreme Court held that transfer of interest on client funds deposited in a pooled "interest on lawyer's trust account" (IOLTA) from the account to a government program that provides legal services …
Article • May 15, 2007
Iowa Prisoner Entitled to Due Process in Seizure of Money by The Supreme Court of Iowa held that money in a prisoner's trust account is protected property and funds for restitution cannot be deducted without a due process hearing. A procedural amendment to the IDOC's restitution collection policy allowed for …
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