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Article • February 15, 2009
California Court Security Maintenance Fee Held Retroactive, Not Punitive by California State prisoner Tracy Alford sought review of an appellate affirmation allowing the retroactive imposition of a fee in addition to his sentence. The court held that the fee was not punitive and that the Legislature clearly intended for the …
Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample On April 9, 2008, President Bush signed the Second Chance Act into law. The Second Chance Act (P.L. 110-199), a bi-partisan effort, was designed …
Article • January 15, 2009 • from PLN January, 2009
PR Bonds Plummet in Harris County, Texas as Jail Overflows by Gary Hunter PR Bonds Plummet in Harris County, Texas as Jail Overflows by Gary Hunter Republican judges elected on promises to be tough on crime and the absence of federal oversight have been cited as two reasons why Houston, …
Article • January 15, 2009
Ohio Reformatory Liable For Loss Of Prisoner's Property by Bob Williams Ohio State prisoner Harmony Love sought recovery of the value of personal items lost by the Ohio Reformatory for Women (ORW). The court awarded Love $511.62 and assessed court costs against the ORW. Love was incarcerated in the ORW …
Article • January 15, 2009
4 Year Statute of Limitations Applies to 1983 Claims Filed in Florida by The Eleventh Circuit Court of Appeals has held that a 42 U.S.C. § 1983 action filed by a person in Florida has a four-year statute of limitations. The Court’s holding reversed a Florida federal district court’s dismissal …
Article • January 15, 2009
New York Ex Parolee's Discharge Reversed For Restitution Determination by Sullivan County (New York) District Attorney Stephen Lungen petitioned to vacate and reverse the State Division of Parole's (DOP) discharge of ex parolee Kera Peters. An increased restitution order was inadvertently not applied and her discharge precluded its payment. The …
Article • January 15, 2009
Seized Nebraska Evidence Ordered Returned After Charges Dismissed by Nebraska State pro se prisoner Timothy Agee appealed the denial of a motion to order the County Sheriff to return his seized property after his theft charge was dismissed. The denial was reversed. Agee was charged separately in 2004 with theft …
Article • January 15, 2009
Texas Guards Not Immune from Theft Liability Act Claim by On July 12, 2007, a Texas Court of Appeals held that sovereign immunity does not prevent a Texas state prisoner from suing prison guards in their individual capacities for confiscating and destroying his property, in a claim brought under the …
Article • December 15, 2008
ARE FALSE IMPRISONMENT RECOVERIES TAXABLE? by Robert Wood By Robert W. Wood* News stories about prisoners released from custody following the discovery of exculpating evidence have become commonplace. As CSI fans will attest, one path that can lead to this result involves DNA evidence, a relatively recent scientific phenomenon.1 A …
Article • December 15, 2008 • from PLN December, 2008
Helping Ex-Prisoners Find Jobs Has Become Important to the Government, Finally by Derick Limberg Helping Ex-Prisoners Find Jobs Has Become Important to the Government, Finally by Derick Limberg The federal government and some cities are making an effort to help ex-cons receive job training and get hired. Besides tax incentives, …
Article • December 15, 2008 • from PLN December, 2008
Legal Financial Obligation Deductions Imposed on All Washington Prisoners by In a 5-4 ruling, the Supreme Court for the State of Washington has held that the Washington Department of Corrections (WDOC) has authority to collect court-ordered legal financial obligations (LFOs) from all prisoners, regardless of sentence, from non-work related income. …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Money/Property, Restitution
Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto by Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto The Ninth Circuit Court of Appeals, in a California state prisoner’s …
Brief • December 4, 2008
Filed under: Transfers, Commissary
Sample v. BOP, DC, Settlement, FOIA phones ITS transfers and commissary, 2008 Case 1:06-cv-00715-PLF Document 111 Filed 12/04/2008 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA B~DON SAMPLE, ~ al. , ) ) Plaintiffs, ) ) v. ) Civil Action No. 06-715 PLF ) Federal …
Article • October 15, 2008 • from PLN October, 2008
NY DOC’s Former 60% Prisoner Phone Call Kickback Scheme Did Not Violate Prisoners’ Families’ Constitutional Rights by NY DOC’s Former 60% Prisoner Phone Call Kickback Scheme Did Not Violate Prisoners’ Families’ Constitutional Rights In December, 2007, the New York State Supreme Court (this is a trial level court) held that …
Article • October 15, 2008 • from PLN October, 2008
Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes by Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes On December 6, 2007, U.S. Senators Charles E. Schumer (D-NY) and Sam Brown (R-KS) introduced a bill to exempt wrongfully convicted former prisoners from having to pay federal income …
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 …
Article • October 15, 2008 • from PLN October, 2008
Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA by Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA The Eleventh Circuit Court of Appeals has ordered a Georgia federal district court to terminate a permanent plan for charitable donations from the Inmate Welfare Fund at the Glynn County Detention …
Article • September 15, 2008 • from PLN September, 2008
California “Restitution Center” Prisoner’s Suit for Underpayment Certified as Class Action by Marvin Mentor A prisoner housed at a “restitution center” who spent two years working in the community sued the California Department of Corrections and Rehabilitation (CDCR) for failure to reimburse her work-related expenses per state statute, or to …
“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review …
Article • August 15, 2008
Washington Prisoner Gets $1,750 for Damages to Car by Tony Heiman, a Spokane County, Washington prisoner, was the subject of a warrant for misdemeanor assault. But since a cop gave the court the wrong address for Heiman, he wasn't served with the warrant. He was later arrested in Seattle and …
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