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Article • June 15, 2009
Filed under: Money/Property, Restitution
Texas Court of Criminal Appeals: 
Concurrent Sentences Mean Concurrent Fines by Texas Court of Criminal Appeals: ?Concurrent Sentences Mean Concurrent Fines The Texas Court of Criminal Appeals (CCA) ruled that fines imposed as part of a sentence for multiple counts of an offense committed during the course of a single …
Article • June 15, 2009 • from PLN June, 2009
Missouri Court Reverses $244,636 Incarceration Cost Award Against Prisoner by Mark Wilson Missouri Court Reverses $244,636 Incarceration Cost Award Against Prisoner by Mark Wilson The Missouri Court of Appeals has concluded that a factual dispute as to whether the state had “good cause” to seek reimbursement of incarceration costs barred …
Florida Judge Criticizes State’s Efforts to Seize Prisoner’s Federal Civil Rights Judgment by David Reutter Florida Judge Criticizes State’s Efforts to Seize Prisoner’s Federal Civil Rights Judgment by David M. Reutter In a concurring opinion that affirmed the imposition of a “civil restitution” lien of $50 per day for a …
Publication • 2009
Denver Office of the Auditor - Keefe Commissary Network Audit, 2009 OFFICE OF THE AUDITOR DENVER SHERIFF DEPARTMENT KEEFE COMMISSARY NETWORK, LLC REVENUE AND CONTRACT COMPLIANCE AUDIT JANUARY 2009 Dennis J. Gallagher Auditor City and County of Denver 201 West Colfax Ave., Dept. 705 • Denver, Colorado 80202 • 720-913-5000, …
Article • May 15, 2009 • from PLN May, 2009
New York Prisoner Receives $3,732 for Medical Neglect/Lost Property Claim by New York Prisoner Receives $3,732 for Medical Neglect/Lost Property Claim A New York Court of Claims awarded a prisoner $3,500 for medical neglect by prison medical officials’ failure to treat the prisoner’s deviated septum for 20 months. The prisoner …
Article • May 15, 2009 • from PLN May, 2009
Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts by David Reutter Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts by David M. Reutter The Hawai’i Supreme Court has held that prison officials have no statutory authority to divide …
Ex-Convict Demoted After Mismanaging Reentry Program by Before his release in 2003, Ronald L. Cuie had served almost three years in Pennsylvania prisons for aggravated assault, robbery and criminal conspiracy. However, it was his successful work under two previous Philadelphia mayors that convinced Mayor Mike Nutter to appoint him over …
Article • May 15, 2009 • from PLN May, 2009
California Prisoner-Pay Deductions for Aiding Crime Victims Distributed to Victim Organizations by California Prisoner-Pay Deductions for Aiding Crime Victims Distributed to Victim Organizations In December 2008, the California Department of Corrections and Rehabilitation’s (CDCR) Prison Industry Authority distributed $131,343 collected from prisoner workers’ pay to twelve crime victims organizations. The …
Article • May 15, 2009 • from PLN May, 2009
Court Rejects Federal Prisoner Worker’s Claim of Copyright Infringement by Court Rejects Federal Prisoner Worker’s Claim of Copyright Infringement The U.S. Court of Federal Claims dismissed a prisoner’s copyright infringement suit for lack of jurisdiction; the dismissal was upheld on appeal. Robert J. Walton, a federal prisoner, sued the United …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Article • April 15, 2009
Jail Term Imposed for Non-Payment of Fine Upheld in Washington by A Washington appeals court held that the imposition of jail time for the willful non-payment of fines in violation of stipulated probation terms was within the trial court’s authority. On September 1, 2005, Jimmy Young pled guilty to one …
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 …
Article • April 15, 2009 • from PLN April, 2009
Filed under: Money/Property, Restitution
California: Restitution Fine Unlawful for Accessory to Murder by California: Restitution Fine Unlawful for Accessory to Murder The California Court of Appeal (1st District) reversed a trial court’s imposition of a $12,083 restitution fine in an accessory-to-murder conviction because the criminal act – accessory after the fact – did not …
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 • March 15, 2009
Federal Prisoner's Lost Eyeglasses Suit Settles by Kansas federal prisoner Alan Strong brought a federal tort action against the United States in 1998 after personnel at the United States Penitentiary (USP) at Leavenworth lost eyeglasses valued at approximately $1,000. The suit settled for an undisclosed amount in 1999. Strong was …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Article • February 15, 2009 • from PLN February, 2009
Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld by Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld The Sixth Circuit Court of Appeals has held that the seizure of jail prisoners’ canteen funds for booking and room and board fees does not …
Article • February 15, 2009 • from PLN February, 2009
Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails by John Dannenberg Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails by John E. Dannenberg The Washington state Court of Appeals has affirmed a superior court’s denial of a “prevailing wage” claim filed by state prisoners employed by …
$2,000 Settlement For Federal Prisoner's Lost Property And Legal Work by Wisconsin federal prisoner Joseph Davis brought a combined 42 U.S.C. § 1983 and federal tort action in 1997 after guards lost his property and legal documents, and assaulted him during a transfer to another prison. He claimed that he …
Article • February 15, 2009
California Assesses Retroactive Fees For Courthouse Construction by California State prisoner Timothy McCoy appealed the assessment of fines and penalties after violating the terms of his probation. The assessment was affirmed after resolving ambiguous statutory provisions. The court noted that the decision was only applicable in Los Angeles County and …
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