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Article • August 15, 2008
California Prisoner's Small Claims Judgment not Appealable by Michael Lane, a California state prisoner, sued the state Department of Corrections (DOC) in small claims court to recover $797.60 he had been charged for vacated restitution orders. The small claims court ruled in his favor for that amount but dismissed a …
Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines by The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as …
Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction by Kirsten D. Levingston by Kirsten D. Levingston1 "At some point, we have to be able to say to people who have been incarcerated, and served time on probation or parole upon release, you have …
Article • February 15, 2008 • from PLN February, 2008
Washington State: No Restoration of Felon Voting Rights Until Fines and Restitution are Paid by On July 26, 2007, a majority of the Washington State Supreme Court held that pursuant to state law, felons must first pay all court-imposed fines and restitution before their voting rights are restored. A strong …
Article • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
$100 Million In Restitution Fines Collected From California Prisoners Since 1992 by In an April 26, 2007 speech at the National Crime Victims? Rights Week in southern California, Governor Schwarzenegger announced that over $100 million had been collected from prisoners since 1992 in the form of court-ordered restitution fines. ?If …
Article • September 15, 2007 • from PLN September, 2007
Ohio Lawyer Suspended for Bilking Prisoners’ Families by Ohio Lawyer Suspended for Bilking Prisoners' Families On November 1, 2006, Ohio's Supreme Court suspended attorney Derek A. Farmer from the practice of law for two years. Admitted to the bar in 1999, Farmer became known as a prisoners' lawyer, maintaining a …
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 …
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, …
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 …
Article • May 15, 2007
PLRA Filing Fees Prioritized on Prisoner Debt List by The plaintiff couldn't pay the initial filing fee because his money was taken for restitution, victim witness surcharge, and medical co-pay. The statute says that the initial fee is to be collected when funds "exist." Prison officials are therefore required to …
Article • May 15, 2007
No Indemnification to Insurance Company from Killer by After Connecticut prisoner Kevin King received a $2,070,000 award in a civil rights case resulting from a beating he received during a failed prison escape, the insurance company that paid a $1,750,000 settlement for wrongful death relating to King's crime (a murder) …
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
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 …
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 …
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 …
Article • May 15, 2007
Seizure Of Federal Benefits By State Unconstitutional by The U.S. Supreme Court ruled that no part of a prisoner's Social Security benefits or Veterans Administration benefits could be confiscated by the state as reimbursement for incarceration costs. After the Arkansas legislature passed the State Prison Inmate Care and Custody Reimbursement …
Article • May 15, 2007
Eighth Circuit rules that BOP has discretion to place prisoners in IFRP by The Eight Circuit Court of Appeals has held that the Bureau of Prisons (BOP) has the discretion to place prisoners in the Inmate Financial Responsibility Program (IFRP) when the sentencing court orders immediate payment of court-imposed fines. …
Article • May 15, 2007
Pension Fund Garnished to Satisfy Criminal Restitution Order. by A Michigan federal District Court held the government may garnish a criminal defendant's pension fund to satisfy a criminal restitution order. Both the Employee's Retirement Income Security Act (ERISA), 29 U.S.C. 1056 (d)(1), and the Internal Revenue Code, 26 U. S.C.§ …
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