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Article • January 15, 2008
Virginia Jail Pay-to-Stay Fee Constitutional by Bob Williams The United States Court of Appeals for the Fourth Circuit has upheld Virginia's county jail $1.00 per day pay-to-stay fee under the Due Process and Taking Clauses, even though the issue on appeal was the dismissal of the underlying action pursuant to …
Article • January 15, 2008
New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment by The New York Supreme Court in Albany County has held that funds in a prisoner's inmate account are not exempt from garnishment to satisfy a judgment under the state's Son-of-Sam law even if those funds are military …
Article • January 15, 2008
Removal to Federal Court Denied State Court Jurisdiction by The Missouri Court of Appeals held that a state circuit court lacked jurisdiction to rule on a summary judgment motion in a case that had been removed to federal court. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) for …
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
Article • January 15, 2008
Illinois Seizes Prisoner’s Life Insurance Inheritance by Illinois Seizes Prisoner's Life Insurance Inheritance Leonce J. Ruckman, an Illinois state prisoner who has been incarcerated since 1988, received the benefits of his mother?s life insurance policy after she died. He used some of the money to purchase a MetLife annuity with …
Article • January 15, 2008 • from PLN January, 2008
Texas Prisoners May Have Right to Extra Storage Space for Religious Materials by Matthew Clarke by Matthew T. Clarke A Texas court of appeals held that state prisoners may have a right to extra storage space for religious materials. Jeffery Balawajder, a Texas state prisoner, brought suit in state court …
Article • January 15, 2008 • from PLN January, 2008
Connecticut Prisons Begin 10% Deductions of Prisoner Monies by The Connecticut Department of Corrections (CDOC) has put into effect a new state law that creates savings accounts for prisoners. The new law, which took effect July 1, 2007, allows CDOC to automatically deduct 10 percent of any funds that are …
Arizona Law Requires Ineligible Prisoners to Fund Transition Programs by The Arizona Legislature has enacted a law that requires prisoners to pay five percent of their earnings to fund re-entry transition programs. The pay deduction applies to prisoners who are ineligible to participate in such programs because of their crimes. …
Bail Bond Businesses Getting Black Eye in Texas, California by Gary Hunter It's common knowledge that outside the federal Bureau of Prisons, California and Texas have the largest prison systems in the U.S. So it should come as no surprise that bail bonds are big business in both states. But …
Article • December 15, 2007
New York Prisoner's Property Claim Accrues On Date Administrative Exhaustion Denied by New York state prisoner Alfred Blanche filed a claim against the Department of Correctional Services (DOCS) in the New York Court of Claims for loss of property pursuant to the Court of Claims Act. The Court granted the …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Article • December 15, 2007
Heck Applies to Suits Over Seized Property by Heck v. Humphrey applies to pending criminal cases as well as to convictions, so a plaintiff's 1983 claim arising from the seizure of property on which a dismissed criminal case was based does not accrue until the dismissal. A claim of sale …
Charging Prisoner for Injured Guard’s Medical Expenses Upheld by Charging Prisoner for Injured Guard's Medical Expenses Upheld The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, …
Article • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
Article • November 15, 2007 • from PLN November, 2007
Michigan’s Law Attaching Prisoner Retirement Benefits Trumped By Federal Law by Michigan's Law Attaching Prisoner Retirement Benefits Trumped By Federal Law Michigan requires financially able prisoners to contribute up to 90% of monies received at their prison address to the state's coffers as an offset to the cost of their …
Brief • November 2, 2007
Hopkins v. Flores, CA, Settlement, jail inmate welfare fund recovery, 2008 CLASS ACTION SETTLEMENT AGREEMENT This Class Aetion Settlement Agreement ("Settlement Agreement") i'; entered into by a elass of inmates of the Santa Clara County jails ("Inmate Class"), through Class Counsel, and Santa Clara County ("County") nle foregoing are refolwd …
$100 Million In Restitution Fines Collected From California Prisoners Since 1992 by In an April 26, 2007 speech at the National Crime Victims? Rights Week in southern California, Governor Schwarzenegger announced that over $100 million had been collected from prisoners since 1992 in the form of court-ordered restitution fines. ?If …
Brief • September 18, 2007
Corrections Corporation of America v. State of New Mexico, NM, Opinion, court denies CCA tax refunds, 2007 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Opinion Number: Filing Date: September 18, 2007 NO. 26,246 CORRECTIONS CORPORATION OF AMERICA OF TENNESSEE, INC., and CORRECTIONS MANAGEMENT SERVICES, INC., Plaintiffs-Appellants, …
Article • September 15, 2007 • from PLN September, 2007
Ohio Lawyer Suspended for Bilking Prisoners’ Families by Ohio Lawyer Suspended for Bilking Prisoners' Families On November 1, 2006, Ohio's Supreme Court suspended attorney Derek A. Farmer from the practice of law for two years. Admitted to the bar in 1999, Farmer became known as a prisoners' lawyer, maintaining a …
Connecticut Takes Cut of Prisoner Judgments and Inheritances by Matthew Clarke by Matthew T. Clarke Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, …
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