Skip navigation

Search

1454 results
Page 55 of 73. « Previous | 1 2 3 4 ... 51 52 53 54 55 56 57 58 59 ... 69 70 71 72 73 | Next »

Florida DOC Clamps Down on Prisoner Writers by David Reutter by David M. Reutter In an effort to limit prisoners' free speech rights, the Florida Department of Corrections (FDOC) has taken steps to prohibit prisoners from engaging in a business or profession. For some years now, the FDOC has had …
Article • May 15, 2007
Criminal Restitution Order Non-Dischargeable Through Bankruptcy by The First Circuit Court of Appeals has held that a criminal restitution order is not dischargeable under bankruptcy. The appellant in this case was convicted of embezzlement and ordered by an Illinois court to pay $104,000 restitution in lieu of a prison sentence. …
Social Security Claimant Entitled to Attorney Fee Award by The United States Supreme Court held a federal court has power under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), to award a Social Security Claimant attorney's fees for representation provided during administrative proceedings held pursuant to a …
Article • May 15, 2007
Seizure of MO Escapee's Prison Account Upheld by The Missouri Court of Appeals upheld the confiscation of a state prisoner's trust fund account after he escaped from work release and remained at large for a month. The defendant prison officials claimed he abandoned the funds when he escaped. The trial …
Article • May 15, 2007
Unlawful Withdrawal of Prisoner's Funds Warrants Only Nominal Damages by The U.S. Sixth Circuit Court of Appeals affirmed an Ohio federal district court decision awarding only nominal damages to a state prisoner in an action alleging that Ohio corrections officials unlawfully withdrew money from the prisoner's account. Kenneth Brown, a …
WI PLRA Allows Access to Release Account Funds by A Wisconsin appeals court held that the state's Prison Litigation Reform Act (PLRA), Wis. Statute 801.02(7), allows access to funds in prisoners' release accounts. The court further held that if a prisoner has filed three frivolous actions in either state or …
Dismissal of Prisoner's Access to Courts, Due Process Claims Erroneous by The U.S Court of Appeals for the Eleventh Circuit held that a U.S. District Court improperly dismissed a prisoner's pro se federal civil rights action. Plaintiff, a Georgia state prisoner, brought federal civil rights action against prison officials alleging …
WI Release Fund Can Be Used to Pay Filing Fee by A federal district court in Wisconsin held that a Wisconsin state prisoner transferred to a private prison in Tennessee cannot have funds from his release account transferred to his general trust account. The release account is created under a …
Indiana Prisoner's First Amendment Religion Claim Dismissed as Frivolous by The U.S. Seventh Circuit Court of Appeals upheld dismissal as frivolous of a state prisoner's First Amendment religion claim by the U.S. District Court for the Northern District of Indiana. Patrick O'Banion, a prisoner at the Wabash Valley Correctional Facility …
Article • May 15, 2007
Court Has Duty to Appoint Counsel in Appropriate Civil Cases by The Ninth Circuit Court of Appeals ordered a district court to exercise its discretion to request counsel for a civil litigant and inquire whether the litigant was incompetent, which required action be taken to protect his rights. This action …
Article • May 15, 2007
Social Security Benefit Suspension For Civilly Committed Upheld by The Third Circuit Court of Appeals held that Social Security benefits may be suspended to a person confined "in connection with" a prior Not Guilty by Reason of Insanity (NGRI) verdict. The claimant was found by a jury to be NGRI …
Confiscation of Social Security Benefits Actionable Under Rehabilitation Act by The U.S. Court of Appeals for the Sixth Circuit held that juveniles formerly in state custody whose benefits were seized by the Tennessee Department of Children's Services (DCS) to pay for their "maintenance," could pursue a claim under the Rehabilitation …
Delay in Treating Broken Foot States Cause and Shows Deliberate Indifference by The Eleventh Circuit Court of Appeals held that the delay of a few hours in treating a prisoner's broken foot states a constitutional claim. This action was filed by a prisoner of the Hamilton County Jail. The prisoner …
Article • May 15, 2007
Imposition Of Constructive Trust To Collect Pension Benefits Prohibited by The U.S. Supreme Court held that a constructive trust imposed against the recipient of pension fund benefits in order to satisfy a monetary judgment against him violated the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA). …
Article • May 15, 2007
Filed under: Money/Property, Forfeiture
Due Process Required In Florida Forfeiture Actions by The Supreme Court of Florida held that the Florida Contraband Forfeiture Act (FCFA) was constitutional as long as it was applied in comportment with state due process requirements. After his arrest on drug trafficking charges, the state initiated forfeiture proceedings against Charles …
Article • May 15, 2007
District Attorney Must Pay $50,001 Damages; Seized Property Illegally Held by The U.S. Third Circuit Court of Appeals affirmed a $50,001 damages award against a Pennsylvania district attorney who illegally retained an arrestee's property. Frederick A. Brilla sued Washington County, Pennsylvania, District Attorney John Pettit under 42 U.S.C. §1983, claiming …
Article • May 15, 2007
Illinois Prisoner Entitled to $5 Per Diem Against Fine; Court Has No Authority to Withhold Corrections Wages by The Illinois Fourth District Court of Appeals held a trial court does not have authority to withhold a prisoner's monthly corrections income, and a prisoner is entitled to a $5 per diem …
State Cannot Seize § 1983 Award to Satisfy Incarceration Costs by The Eighth Circuit Court of Appeals held a state may not seek reimbursement of costs for incarceration by seizing monetary damages awarded in a 42 U.S.C. §1983 action. A Missouri state prisoner was awarded $1 nominal damages and $3,000 …
Article • May 15, 2007
Mailroom Employee's Actions Not Due Process Violation by A Nebraska prisoner brought suit under 42 U.S.C. § 1983 alleging that prison officials violated his constitutional rights under the Fourteenth Amendment by denying him property without due process of law. The suit was filed in response to legally ordered craft materials …
Article • May 15, 2007
Filed under: Money/Property, Bail Bonds
Statute Requiring Remittance Of Forfeited Bond Violates Texas Constitution by Statute Requiring Remittance Of Forfeited Bond Violates Texas Constitution The Court of Criminal Appeals of Texas held that Article 2372p-3, Sec. 13 (b), V.A.C.S., which mandates the remittance of 95% of a forfeited bail bond if a defendant is jailed …
Page 55 of 73. « Previous | 1 2 3 4 ... 51 52 53 54 55 56 57 58 59 ... 69 70 71 72 73 | Next »