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Article • September 15, 2007 • from PLN September, 2007
Texas Must Afford Prisoners Due Process in Trust Fund Garnishment by Matthew Clarke by Matthew T. Clarke In an unprecedented decision, a Texas court of appeals held that the state must give a prisoner notice and other due process protection when garnishing his trust fund for payment of criminal fines. …
Arkansas Ups Work-Release Fees to Pay for Guard-Drivers by On October 27, 2006, the Arkansas Board of Corrections unanimously voted to increase the daily fees charged prisoners participating in the work-release program from $15 to $17. The increase is to be used to pay for guards to drive the prisoners …
Article • May 15, 2007
Oklahoma Prisoner Has Right to File Civil Complaint to Enforce Property Rights by The Court of Civil Appeals of Oklahoma, Division 3, held that the Ottowa County District Court erred when it dismissed a prisoner's complaint citing a statute that suspends prisoners' civil rights. A prisoner serving a life sentence …
Threat at Disciplinary Hearing Raises Due Process Issue by The U.S. District Court for the Eastern District of Pennsylvania held that unresolved factual issues precluded summary judgment. A Pennsylvania prisoner brought a §1983 action alleging violations of his right to due process during a disciplinary hearing in which the disciplinary …
Supreme Court Discusses § 501(c)(3) Tax Exempt Status by The United States Supreme Court held that a South Carolina nonprofit private school, which prescribed and enforced racially discriminatory admission standards on the basis of religious doctrine, did not qualify as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code. …
Article • May 15, 2007
Ninth Circuit Discusses Common Law Mailbox Rule by In an action for a tax refund, brought by a Washington state taxpayer against the Internal Revenue Service, the Ninth Circuit Court of Appeals noted that "[u]nder the common law mailbox rule, proper and timely mailing of a document raises a rebuttable …
Article • May 15, 2007
Prison's Spending Cap Policy May State First Amendment Claim by The U.S. Tenth Circuit Court of Appeals reversed in part pre- service dismissal of a prisoner's civil rights complaint in which he claimed that a prison policy capping the amount of money prisoners can spend monthly from their accounts violates …
Denial of Compensation to Unemployed Prisoner Doesn't Violate Constitution by The U.S. Third Circuit Court of Appeals upheld a Pennsylvania federal district court's dismissal of a state prisoner's suit where the prisoner claimed that denial of "idle pay" violated his constitutional rights. Joseph Fidtler sued the Pennsylvania Department of Corrections …
Article • May 15, 2007
Appeals Court Vacates, Remands Dismissal of Prisoner's Property Action by The U.S. Sixth Circuit Court of Appeals vacated and remanded an Ohio federal district court's dismissal of a federal prisoner's suit for return of property. Litho Range, a federal prisoner convicted of drug conspiracy, lost $3,042.13 from a forfeiture proceeding. …
Article • May 15, 2007
Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits by Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits The U.S. Supreme Court held that an evidentiary hearing was not required to terminate Social Security worker disability benefits, and that the district court had jurisdiction to hear the …
Article • May 15, 2007
Excessive Account Deductions May State First Amendment Claim by The U.S. Eighth Circuit Court of Appeals partly reversed dismissal of a Missouri prisoner's civil rights complaint alleging that a prison official was retaliating against him for filing lawsuits by deducting excessive amounts of money from his prison account. George Brown, …
Article • May 15, 2007
Prison Can Deduct All Wages from Prisoner to Satisfy Debt by The U.S. Sixth Circuit Court of Appeals, affirming a federal district court in Michigan, held that withdrawal of all funds from a prisoner's account to satisfy court debts did not violate due process, did not block access to the …
Prison Disciplinary Conviction Creates Property Interest by The U.S. District Court for the State of New Jersey held that a state prisoner was entitled to due process in determining the amount of restitution owed in connection with a prison disciplinary conviction: Alexander Artway, a NJ state prisoner, was charged with …
Article • May 15, 2007
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Garnishment of Prisoner's Wages not Actionable in State Court by The Colorado Court of Appeals has ruled that state prisoners may not seek relief under the Administrative Procedures Act (APA) or C.R.C.P. Rule 106 to address claims of unlawful garnishment of wages by the Department of Corrections (CDOC). Adam Jones, …
Article • May 15, 2007
Eighth Circuit: No Constitutionally Protected Interest in Iowa Prison Wages by The U.S. Eighth Circuit Court of Appeals held that deductions made from an Iowa prisoner's wages to pay court costs were constitutional. Iowa prisoner John Hrbek was convicted of murder in a state court. As part of his sentence, …
Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed by Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed In this case involving a prison disciplinary proceeding, the Tennessee Court of Appeals held that material factual disputes surrounding a prisoner's waiver of his right to 24-hour notice and …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
Kansas COA Upholds Denial of Hygiene Supplies by The Kansas Court of Appeals held that a state prisoner's inability to purchase basic hygiene items and over-the-counter medication did not violate the constitutional proscription against cruel and unusual punishment. Kansas state prisoner David P. Stolte challenged via habeas corpus a prison …
Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings by Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings The U.S. Ninth Circuit Court of Appeals held that a prisoner who checked a box marked "Excessive force by an officer" sufficiently stated a claim for relief in a …
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