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Article • September 15, 2009
$3,600 Returned Following Dismissal of Forgery Charge by Washington’s King County Jail has returned $3,600 to a man arrested and charged with forgery on July 2, 1999. The money was confiscated upon arrest. The charges against Ervin B. Harvey were subsequently dismissed. King County settled Harvey’s April 14, 2004 claim …
Article • September 15, 2009
$3,700 Award in NY DOCS Medical Negligence/Lost Property Claim by A New York Court of Claims awarded a prisoner $3,732.68 plus interest, for claims of medical negligence and lost property. Stephen Grant, a prisoner at Gowanda Correctional Facility, was assaulted on July 10, 1996 by members of a prison gang …
Article • September 15, 2009
$5,000 Settlement for Improper Property Release by Seattle Jail by Washington State’s King County paid $5,000 to settle the lawsuit of Mick Robertson, who claimed that when he was arrested in December 12, 2000, he possessed a banker’s box that contained automobile titles for Greenlight Auto. The assault charge Robertson …
Article • September 15, 2009
Seizure of Prisoner’s Manuscript Containing Offensive Writing About Staff Does Not Violate First Amendment by On December 2, 2008, a non-jury trial was held before a Federal District Court in Pennsylvania on prisoner Wesley Harper §1983 claim against certain officials at the Smithfield State Correctional Institution (SCI) for First Amendment …
Article • September 15, 2009
Filed under: Money/Property, Restitution
Florida Court Loses Jurisdiction to Enter Restitution Order upon Completion of Sentence by Florida’s Fifth District Court of Appeal has held that a trial court lacks authority to enter a restitution order against a defendant who has completed his sentence. The court’s order comes in the appeal of Kelly R. …
Eleventh Circuit Unpublished Decision on PLRA Administrative Exhaustion Requirements Trumped by Published Ruling by In an unpublished ruling, the Eleventh Circuit Court of Appeals held that summary judgment, rather than a motion to dismiss, was the proper procedure to determine whether a prisoner had exhausted administrative remedies under the Prison …
Article • July 15, 2009 • from PLN July, 2009
Ohio Limits Electronic Monitoring to Only Those Who Can Pay by If you’re convicted in Ohio and can afford to pay, you may be able to obtain release on electronic monitoring. If not, you can serve your time in the Corrections Center of Northwest Ohio (CCNO). That is the new …
Article • July 15, 2009
$2,000 Settlement in Stolen Property Claim at Jail by Washington State’s King County Jail paid $2,000 to settle the property theft claim of Demetrius A. Jackson. On July 22, 2003, Jackson arrived at the Jail from the Regional Justice Center. When he was sent to prison, his property was sent …
Article • July 15, 2009
Filed under: Money/Property, Restitution
N.Y. Court Need Not Pronounce Mandatory Surcharge and Fees at Sentencing by The New York Court of Appeals has held that the mandatory surcharge and crime victim assistance fee mandated by Penal Law § 60.35(1) are not part of a sentence. Therefore, a judge need not pronounce them in a …
Article • July 15, 2009
Medicare Is “Victim” Under Pennsylvania Restitution Statute by Medicare is a “victim” for the purpose of receiving restitution under Pennsylvania law, the Superior Court of Pennsylvania decided July 16, 2008. Gregory Ricky Brown was ordered to pay $509.65 to Medicare as restitution for a criminal offense. Brown appealed, arguing that …
Article • July 15, 2009
$1,000 Paid in Lost Property by Washington State’s King County Jail paid $1,000 to settle the lost property claim of Alonzo C. Bradley. In August 2002, the property room admitted they lost Bradley’s property, which contained an Italian “28” necklace, diamond pinky ring, loop earrings, cell phone, quest card, polo …
Article • July 15, 2009
$1,000 Settlement in Lost Property by Washington State’s King County Jail has paid $1,000 to settle the lost property claim of Sophie Evon. When transferred from the Jail to prison, the Jail was unable to locate Evon’s property. Missing were two gold 24 k bracelets, an 80-year-old gold wedding band, …
Article • July 15, 2009
$1,063.99 Settlement in Lost Property by Snohomish County Jail by Washington State’s Snohomish County Jail paid $1,063.99 to settle the lost property claim of Andrew Wolfe. When transferred to prison, Wolfe’s property was lost, which included his wallet that contained cash, phone cards, his credit cards and identification; a Sanyo …
Article • July 15, 2009
$1,179 Settlement in Stolen Property at Jail by Washington’s King County Jail has paid $1,179 to settle a claim by Scott M. Gower that guards stole the property that he was booked in with on January 14, 2004. When he was released, Gower was not returned his Citizen Titanium Promaster …
Article • July 15, 2009
$1,400 Settlement for Lost Property by Washington State’s King County Jail paid $1,400 to settle the lost property claim of Robert B. Mitchell, who was arrested on January 30, 2007. When he was released after a few hours, missing from his property were a wedding ring with three diamonds and …
Article • July 15, 2009
$1,500 Settlement in Lost Property by Washington State’s King County Jail has paid $1,500 to settle the lost property claim of Shana S. Zutter, who claimed that when she entered the jail on January 31, 2002, she had a gold wedding band, gold band with ruby and diamond chips, gold/white …
Article • July 15, 2009
$1,669 Settlement in Lost Property at Jail by Washington State’s King County Jail has paid $1,669 to settle the claim of Payman Hakimi, which asserted the property he entered the jail with on July 31, 2003 was lost and not returned to him upon release on August 2. Missing were …
Article • July 15, 2009
$1,700 Settlement for Lost Jail Property by Washington State’s King County Jail has paid $1,703.04 to settle the lost property claim of Donald Encinas, who was booked into the Jail in May 1999. Upon entry, he had his father’s 1957 class ring with a natural ruby, sunglasses, bic lighter, suede …
Article • July 15, 2009
$1,700 Settlement in Lost Property by Washington State’s King County has paid $1,707 to settle a lost property claim filed on behalf of Tawny Rae Ann Hobbs, who was taken to the Juvenile Detention Center on July 26, 2005. When she was released on August 19, the three gold rings …
Article • June 15, 2009
$650 Settlement for Lost Property, Stolen Identity Claim by Washington State’s King County Jail has paid $650 to settle the lost property claim of Dion K. Humphrey. In December 2002, the Jail gave Humphrey’s social security card, driver’s license and clothes to Scott Williamson, who had stolen Humphrey’s identity. The …
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