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Article • May 15, 2007
Post Incarceration Proposed Residence Doesn't Establish Diversity in Forfeiture Action by Post Incarceration Proposed Residence Doesn't Establish Diversity in Forfeiture Action The plaintiff established a trust pursuant to a plea agreement to shelter his 24-acre Texas farm from forfeiture, with his children as beneficiaries, and now there is a dispute …
Article • May 15, 2007
Fifth Circuit Vacates Summary Judgment in Sheriff's Property Liability Case by The U.S. Fifth Circuit Court of Appeals vacated and remanded a grant of summary judgment to a county and its surety company in a case involving a deputy sheriff's theft of property. Gerald and Tonya Henley were arrested and …
CO Medical Co-Pay Fee Overturned, Plaintiffs Awarded Atty Fees by Colorado prisoners successfully challenged a state statute charging prisoners $3 each time they sought medical care. The lawsuit alleged the co-pay statute violated their Eighth amendment rights. Before trial the state amended the statute to exclude most services. The district …
Article • May 15, 2007
Loss of Prisoner's Dentures and Heart Medication Valid Claims by The court of appeals for the Seventh circuit has held that a guard's intentional loss of a prisoner's dentures and heart medication is actionable under 42 U.S.C. § 1983 as two separate claims for deliberate indifference to serious medical needs …
Maryland Son of Sam Statute Violates First Amendment by The Court of Appeals of Maryland vacated the judgment of the Anne Arundel County Circuit Court in an action brought by the state attorney general against a prisoner for allegedly violating the state's Son of Sam' statute. Ronald W. Price was …
Article • May 15, 2007
Florida Son of Sam Law Upheld by The Florida District Court of Appeals for the First District, affirmed the Bradford County Circuit Court's decision to impose a lien against Danny Rolling, a convicted serial murderer, and his former wife (London), for proceeds of a book, art work, and autographs related …
Article • May 15, 2007
No Temporary Injunction Before Conviction Under Florida Son of Sam Statute by The First District Court of Appeals of Florida held that the Bradford County Circuit Court erred in temporarily enjoining the payment of proceeds earned from the reenactment of a crime, even though there had not yet been a …
Article • May 15, 2007
Illinois Prisoner Has No Liberty Interest in Personal Property by The Appellate Court of Illinois, Fourth District, held that the Sangamon County, Circuit Court, did not error when it dismissed a prisoner's complaint, for denying his due process rights by taking or limiting his personal property in prison. A prisoner …
Wisconsin Prisoner Must Exhaust Administrative Remedies Before Filing Suit by The Supreme Court of Wisconsin held that under the Prison Litigation Reform Act(PLRA), a prisoner must exhaust administrative remedies before bringing an action in a circuit court. A prisoner confined at the Columbia Correctional Institution in Portage County, Wisconsin, brought …
Article • May 15, 2007
New Jersey Statute Barring Prisoner Lawsuits Struck Down by The U.S. District Court for the District of New Jersey held that a New Jersey statute (N.J.S.A. 59:5-3) barring initiation of any court action, "by or on behalf of a prisoner against a public entity or public employee until such a …
Article • May 15, 2007
No Compensation Due to Owners on IOLTA Funds' Interest Transfers by In a 5-4 decision, a sharply-divided United States Supreme Court held that transfer of interest on client funds deposited in a pooled "interest on lawyer's trust account" (IOLTA) from the account to a government program that provides legal services …
Article • May 15, 2007
Statutes Permitting Repossession Without Hearing Violated Due Process by The U.S. Supreme Court held that Pennsylvania and Florida prejudgment replevin statutes, which allowed private parties to repossess goods without first giving the possessors an opportunity to be heard, violated the Fourteenth Amendment. Appellants, most of whom had purchased household goods …
Article • May 15, 2007
Removal of Property to Separate Legal and Non-Legal Materials Approved by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Iowa, held that removal of a prisoner's property to separate legal from non-legal materials and to then search the non-legal materials outside …
Article • May 15, 2007
Iowa Prisoner Entitled to Due Process in Seizure of Money by The Supreme Court of Iowa held that money in a prisoner's trust account is protected property and funds for restitution cannot be deducted without a due process hearing. A procedural amendment to the IDOC's restitution collection policy allowed for …
Lack of Economic Means Does Not Justify Failure to Exhaust State Remedies by The United States Court of Appeals for the Eighth Circuit has found that a state prisoner's alleged inability to comply with state financial requirements does not relieve him from the federal habeas corpus exhaustion doctrine. Eddie Risdal …
Article • May 15, 2007
Illinois Court Without Authority to Withhold Prisoner's Income by The Illinois Fourth District Court of Appeals reversed a trial court's order requiring the Department of Corrections (DOC) to withhold 50% of a defendant's monthly income and remit it to the clerk to satisfy restitution and court costs. The State conceded …
Article • May 15, 2007
Colorado COA: Claim Concerning Restitution Deductions Should Name DOC by The Colorado Court of Appeals held that an action brought by a prisoner challenging deductions from his prisoner bank account for victim restitution should have been brought against the Colorado Department of Corrections (DOC). In December 1993, Anthony J. Carrillo …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Article • May 15, 2007
$1000 Paid in WA Loss of Legal Material Case by Prisoner Matthew James Griffin filed a 42 U.S.C §1983 action in the Eastern Washington federal district court alleging that he was transported to the intensive management unit of the Walla Walla prison hospital. When his property was brought to him, …
Article • May 15, 2007
Seizure of Nevada Prisoner Wages Held Constitutional by Nevada prisoners filed suit under 42 U.S.C. § 1983 alleging that a prison policy of deducting room and board expenses from wages earned in a work program violated their constitutionally protected rights of due process and equal protection. The district court for …
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