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Michigan's Restrictive Placement Of HIV+ Prisoners Enjoined; $2 Million Damages Awarded by by John E. Dannenberg Winning a fifteen year state court battle, Michigan prisoners who tested positive for HIV (AIDS virus), and who were otherwise eligible to serve their time in community residential programs, camps or farms, gained the …
Article • April 15, 2005 • from PLN April, 2005
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by by John E. Dannenberg On October 22, 2004, President Bush signed into law the Civil Rights Tax Relief Act (CRTRA), enacted as section 703 of the American Jobs Creation Act of 2004. While the CRTRA …
Article • April 15, 2005 • from PLN April, 2005
Court Holds Florida's Administrative Processing Fee is Constitutional by by David M. Reutter On December 21, 2004, Florida's Leon County Circuit Court held that a 2004 law that imposed an administrative processing fee on monies deposited into prisoner accounts does not violate the Florida Constitution's single-subject rule. The December 2004 …
Article • March 15, 2005 • from PLN March, 2005
Fourth Circuit Reinstates Federal Prisoner's FTCA Claim by In an unpublished decision involving a prisoner's lawsuit under the Federal Tort Claims Act (FTCA), the U.S. Fourth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of the prisoner's claim. Dwayne Manning, a federal prisoner, alleged …
Article • March 15, 2005 • from PLN March, 2005
Arizona Appellate Court Vacates Restitution Order In Escape Case by The Arizona Court of Appeals (COA), Division II, has vacated a trial court's restitution order requiring a state prisoner to reimburse the Arizona Department of Corrections (ADOC) for costs allegedly incurred as the result of a prison escape. On September …
Article • March 15, 2005 • from PLN March, 2005
Washington Absconding Does Not Toll LFO Collection Statue by The Washington State Court of Appeals for Division 1 has held that RCW 9.94A.753 affords the state 10 years from a prisoner’s release from total confinement in which to collect Legal Financial Obligations (LFOs) from prisoners. The court also held that …
California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes by California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes A phantom "Banco de Pelican Bay" has sprung up at California's supermax Pelican Bay State Prison (PBSP), wherein 14 Mexican Mafia (nicknamed "Eme") prisoners had their prison …
Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby Eight Connecticut prisoners who were sued by the state after the publication of their book, Couldn't Keep It To Myself: Testimonies from our Imprisoned Sisters , will get …
Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor The Ninth Circuit U.S. Court of Appeals dealt with the following conundrum: does a prisoner who exhaustively fights purported violations of his …
Brief • February 11, 2005
Williams v. Clinch County, GA, Reply in Support of Class Cert., Jail Fees, 2005 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION WILLIE FLOYD WILLIAMS, JR., and MICKLE JERMAINE JACKSON Plaintiffs, v. CLINCH COUNTY, GEORGIA; WINSTON PETERSON, Sheriff of Clinch County, in his official …
Brief • February 11, 2005
Hopkins v. Flores, CA, Complaint, Mismanagement of Inmate Welfare Fund, 2005 1 2 ~ 3 (Qb 4 © 5 U 6 7 8 9 10 KYRA KAZANTZIS (CSB No. 154612) JAMES F. ZAHRADKA II (CSB No. 196822) PUBLIC INTEREST LAW FIRM 111 West St. John Street, Suite 315 San Jose, …
Article • January 15, 2005 • from PLN January, 2005
Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby The sheriff of Bristol County, Massachusetts, has been enjoined from gouging prisoners and their families on jail service fees in accordance with his Inmate …
Article • January 15, 2005 • from PLN January, 2005
Kansas Supreme Court Upholds Gift Subscription Ban by The Kansas Supreme Court ruled that the Kansas Department of Corrections' (KDOC) rule IMPP 11-101, which prohibits prisoners from receiving gift subscriptions to magazines and newspapers, does not violate the prisoners' constitutional rights under the First Amendment. Reversing the Kansas Court of …
Brief • January 5, 2005
Williams v. Clinch County, GA, Motion for Class Certification, Jail Fees, 2005
Article • December 15, 2004 • from PLN December, 2004
Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged by David Reutter by David M. Reutter A class action suit filed in Florida's Leon County Circuit Court challenges a new law enacted by the Florida Legislature in its 2004 session. That Legislature amended § 944.516, Florida statutes, to add …
Article • December 15, 2004 • from PLN December, 2004
Washington Prison Labor Program Struck Down by Paul Wright by Roger Smith & Paul Wright In a rare reversal of its own prior ruling, the Washington state supreme court has ruled that the Washington Department of Corrections (DOC) must stop "letting out" convict labor to private businesses. The court found …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
Article • November 15, 2004 • from PLN November, 2004
Filed under: Money/Property, Interest
California Prisoner Trust Account Interest Recoverable Only Upon Proof Of Individual Loss by The Ninth Circuit U.S. Court of Appeals held that prisoners have nothing to recover in a claim for interest on their common trust account when the state's costs to administer the account exceed the interest generated, but …
Article • November 15, 2004 • from PLN November, 2004
Ohio Prisoners Not Entitled to Memory Typewriters by The Ohio Supreme Court, affirming an appeals court decision, held that Ohio prisoners have no right to typewriters with more than one line of memory and that prison officials were justified in confiscating a prisoner's typewriter that had a five-page memory capacity, …
Article • November 15, 2004 • from PLN November, 2004
Nevada Trust Account Interest, Less Accounting Costs, Belongs To Prisoners by In two separate decisions, the Ninth Circuit U.S. Court of Appeals determined whether the Nevada Department of Prisons (NDOP) procedure of reallocating interest earned on prisoner trust accounts constituted an unconstitutional "taking" in violation of the Fifth Amendment or …
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