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Article • August 15, 2008
CCA Denied Over $2 Million In Tax Deductions by Corrections Corporation of America (CCA) appealed a New Mexico court denial for gross receipts tax deduction claims totaling over $2 million. The denial was affirmed due to the "per diem rate" prisoner housing calculation. CCA contracts to house prisoners for the …
North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld by The Supreme Court of North Dakota has upheld the constitutionality of the "no-passing" and "publisher-only" rules of the North Dakota Department of Corrections (DOC). Reuben Larson, a North Dakota state prisoner, filed a petition for a writ of certiorari in …
Article • August 15, 2008
Colorado AG Advises Against Felons Microfilming Department of Revenue Tax Records by Colorado Attorney General (AG) J.D. MacFarlane opined against the Division of Correctional Industries utilizing felons to microfilm Department of Revenue (DOR) tax records. Upon request by Lee White, Executive Director of the Department of Administration, and Alan Charnes, …
Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges by David Reutter In November 2007 a federal grand jury issued an indictment charging Clinch County, Georgia Sheriff Winston C. Peterson, 62, with perjury, using forced prisoner labor and extorting former jail prisoners. Peterson’s indictment marked the second time in the …
Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines by The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as …
Article • July 15, 2008
Oregon Death Row Prisoner Awards Victims $58.5 Million by In September, 2007, an Oregon death row prisoner settled a wrongful death action brought by his victim’s family. The deal awards the family approximately $58.5 million, barring the prisoner from profiting from the story of his crimes. Just before Christmas, 2001, …
Article • July 15, 2008
Seventh Circuit Reverses FTCA Dismissal; BOP Still Liable for Lost Property by The Seventh Circuit Court of Appeals reaffirmed an earlier holding that the government is not immune from suit for lost property. During a February 2000 “shake down,” federal prisoner David Dahler had a pair of shoes and four …
CA Uses Jail Inmate Welfare Funds for Reentry; Expands Early Release for Permanently Disabled CDCR Prisoners by In September 2007, Governor Schwarzenegger signed Senate Bill (SB) 718 into law, which amends penal code § 4025 to permit the use of Inmate Welfare Funds (IWF) collected in eight California counties to …
Article • June 15, 2008
Federal Courts Can't Dismiss Prisoners' Civil Rights Actions Simply Because They're Inartfully Pleaded by Walter Gordon, a South Carolina state prisoner, sued prison officials in federal district court under 42 U.S.C. § 1983 after he was assaulted and raped by other prisoners. Stephen Young, a Maryland state prisoner, filed his …
Article • June 15, 2008
Missouri Prisoner Appointed Lawyer in Federal Civil Rights Action by Don Shields, a Missouri state prisoner, filed a civil rights action in federal district court after a St. Louis cop refused to return money and other property seized during Shields' arrest. The district court dismissed for failure to comply with …
Article • May 15, 2008
IN DOC Ban on Typewriters Upheld by Prisoners do not have a right to possess typewriters and word processors; the right of court access is satisfied by providing basic materials, such as pens and paper, for the preparation of legal materials. The fact that prisoners were permitted to possess these …
Alabama DOC Charges Prisoners Unlawful Fees to Cover Budget Shortfalls by Matthew Clarke by Matt Clarke On June 1, 2007, the Alabama Department of Examiners of Public Accounts released an audit report critical of the funding practices of the state's Department of Corrections (DOC). The DOC operates 19 prisons, 10 …
Article • May 15, 2008
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must …
Article • May 15, 2008
Supreme Court Discusses Right to Travel by The right to travel has been upheld in several Supreme Court decisions, but its source has not been identified. Non-residents' right to equal treatment is protected by the Privileges and Immunities Clause of Article IV absent a "substantial reason" to treat them differently. …
Article • May 15, 2008
Puerto Rican Prisoner’s Property Suit Dismissed by Puerto Rican Prisoner?s Property Suit Dismissed The plaintiff sued over lost property He had failed to file an appeal of the adverse ruling on his grievance within the five-day time limit The court buys all the holdings construing "prison conditions" expansively, and does …
Article • April 15, 2008 • from PLN April, 2008
Michigan Counties Unsuccessful at Collecting Costs of Jail Imprisonment by Matthew Clarke by Matt Clarke On September 12, 2007, the Lenawee County Commission became embroiled in a debate over how to collect $6.3 million in outstanding ?room and board? fees from former jail prisoners that had accrued over the past …
Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction by Kirsten D. Levingston by Kirsten D. Levingston1 "At some point, we have to be able to say to people who have been incarcerated, and served time on probation or parole upon release, you have …
Publication • April 14, 2008
Department of Homeland Security - ICE Undercover Operations Handbook, 2008 Department of Homeland Security Office of Investigations Undercover Operations Handbook OI HB 08-04 April 14, 2008 OFFICIAL USE ONLY Foreword The Undercover Operations Handbook provides a single source of national policies, procedures, responsibilities, guidelines, and controls for U.S. Immigration and …
Federal Prison Staff Are Law Enforcement Official For Purposes Of FTCA Claims by Daniel E. Manville by Dan Manville Federal prisoners are no longer able to sue pursuant to the Federal Tort Claims Act (FTCA) for property that was negligently lost or destroyed by federal prison staff. In Ali v. …
Article • February 15, 2008 • from PLN February, 2008
Washington State: No Restoration of Felon Voting Rights Until Fines and Restitution are Paid by On July 26, 2007, a majority of the Washington State Supreme Court held that pursuant to state law, felons must first pay all court-imposed fines and restitution before their voting rights are restored. A strong …
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