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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 …
Article • May 15, 2007
$1,400 Recovery Obtained in Fraudulent WA Money Transfer by Airway Heights Correctional Center prisoner John Ralph Johnson filed a state tort claim with the Washington State Office of Risk Management stating that prisoner Clinton Larry forged two money transfers for $600 and $800 from Johnson's prisoner trust account to be …
Article • May 15, 2007
Ohio Prisoner Awarded $90.50 For Lost Property, Filing Fee by On August 19, 2004, the Ohio Court Of Claims awarded $90.50--to be paid by the Ohio Department of Rehabilitation and Correction (DRC)--to a state prisoner whose property was confiscated and then lost by DRC personnel. Mark Wooden, a prisoner at …
Article • May 15, 2007
Missouri Attaches Prisoner's Award Against CMS, 8th Cir Remands by On July 28, 2003, the U.S. 8th Circuit Court of Appeals ordered a district court to reconsider whether the State of Missouri could confiscate a prisoner's judgment against a prison medical provider under the state's cost of incarceration statute. Acting …
Article • May 15, 2007
Denial Of Disability Benefits For Intent to Flee Questioned by Felipe Fowlkes, an elderly New York resident, appealed the denial of his Federal civil rights petition suspending his Supplemental Security Income (SSI) benefits for allegedly having the intent to flee to evade arrest or prosecution of a Virginia felony larceny …
Article • May 15, 2007
Ohio Prison Liable For Loss Of Prisoner Property by Ohio State prisoner Kevin Scudder filed a State court action against the State Department of Corrections to recover the estimated replacement cost of property lost after delivery to the prison. Scudder's son and a church official sent a package to him …
Article • May 15, 2007
Prisoner Guilty Of Introduction Of Marijuana Into County Jail by State prisoner Gary Yarbro was found guilty of introducing marijuana into the Hardin County (Tennessee) jail in a tube of toothpaste upon reporting to serve a forty-five day sentence on an unrelated charge. Yarbro was allowed to bring a clothes …
Article • May 15, 2007
Filed under: Money/Property, Restitution
Federal Restitution Order Upheld by Different Sentencing Court by In 1993, a federal district court in North Carolina ordered Lauletto, Love to pay $50,000 in restitution following her conviction for credit card fraud. Several convictions later, a federal district court in Louisiana, as a parole condition, ordered her to pay …
Article • May 15, 2007
Pennsylvania Criminal Restitution Debt Not Dischargeable in Bankruptcy Action by Gerald Thompson, a land developer, defrauded a customer out of over $20,000. The customer filed criminal charges, and Thompson filed for bankruptcy, listing the $20,000 as a debt to be discharged . The customer didn't object, and the bankruptcy became …
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 …
Jail Confiscation of Personal Bible Upheld by The plaintiff, on admission to jail, had his New International Version Bible confiscated per a policy that prohibits retention of personal reading materials. The jail implemented that policy "to curb fights over who owned what and to avoid compensation claims if the materials …
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …
Article • May 15, 2007
Seizure of State Court Settlement Damages by MO DOC Upheld by Federal Courts by The plaintiff had cash seized on arrest; it was neither returned nor forfeited, so he sued; there was a settlement and the money was paid into his prison account. Eight days later the state invoked the …
Confiscation of Prisoner Property Upheld by The confiscation of the plaintiff's property did not deny due process because the state made post-deprivation remedies available in the form of a grievance procedure. At 515: "The mere fact that plaintiff has faced some difficulty in having his grievance heard, based on his …
Prisoner Can Block Repayment of Social Security Payments in Court by The plaintiff was imprisoned and the Social Security Administration notified him that it was stopping his retirement benefits and seeking $9,577 in overpayments received before they figured out he was locked up. SSA refused to waive the overpayment under …
Article • May 15, 2007
Defendants Held in Contempt in Trademark Suit by The defendants are held in contempt in a trademark infringement and dilution case. The defendants are not excused on the ground of impossibility of compliance. At 377: "That reasonably, if not easily, avoidable violations occurred ten days after the Order's entry indicates …
FTCA Does Not Apply to Prisoner's Property Mailed Outside Prison by Affirming the District Court of Kansas, the U.S. Tenth Circuit Court of Appeals held that the Federal Tort Claims Act (FTCA) does not apply to a federal prisoner's personal property mailed outside of prison. Samuel Haywood Myles, a prisoner …
Brief • April 19, 2007
Hopkins v. Flores, CA, Settlement Exhibits, Mismanagement of Inmate Welfare Fund, 2007 ~927MO; SENT BY: CnUNTYCOUNSELj APA-19-07 OffiCE OFTHE COUN'l'\' COU~SKL COUNTY OF SANTA CLAM 1:04PM; PME 1 Ann Mliler Ravel COUNTY COUNSEL 10 West Hedding Stred 9" Floor, Ba~t Wing S!In Jose, California. 95110-1770 WInifred Botha Robert C, Campb"lJ …
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