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Idaho Incompetence Delays Prisoners' Release, Taxpayers Foot The Bill by Michael Rigby Idaho prisoners check in but they don't check outand it's costing taxpayers thousands. That's the criticism being hurled at the Idaho parole commission and the state Department of Corrections (DOC) for unnecessarily holding prisoners past their approved parole …
Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E Dannenberg Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E. Dannenberg Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held …
Article • August 15, 2004 • from PLN August, 2004
Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams In a case of first impression, the Third Circuit has held that the mailbox rule applies to administrative forfeiture proceedings. The Court also held that the failure to apply the …
Article • July 15, 2004 • from PLN July, 2004
Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA by by Matthew T. Clarke The Supreme Court of Michigan (SCM) upheld a court's ordering a prisoner to have his pension benefits deposited in his prisoner account so that the state can seize a large portion of it to reimburse …
Article • July 15, 2004 • from PLN July, 2004
Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy by Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy The Washington Court of Appeals held that interest which accrues statutorily on legal financial obligations (LFOs) is not dischargeable in bankruptcy proceedings. In 1992, Carol Cunningham was convicted of various drug …
Article • June 15, 2004 • from PLN June, 2004
Florida's Incarceration Cost Recovery Statute Constitutional by The Florida Supreme Court held that a Florida statute that imposes civil liens for recovery of incarceration cost and victim restitution violates neither the Ex Post Facto Clause or Due Process. Florida prisoner 011ie James Goad, who has been incarcerated since February 1991, …
Article • June 15, 2004 • from PLN June, 2004
Kansas Trial Courts Have Latitude in Setting Restitution Payments by The Kansas Supreme Court has ruled that K.S.A.2002 Supp. 21-4603d allows state trial courts to order prisoners to pay restitution from their prison accounts, and to order that a portion of such accounts be exempt from collection. William Puckett was …
Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine by Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine by Matthew T. Clarke On August 23, 2003, the Supreme Court of Tennessee (SCTN) held that 30-days punitive segregation followed by administrative segregation of unstated duration were …
Article • May 15, 2004 • from PLN May, 2004
Minnesota Pay-To-Stay Programs Don't Deliver by Minnesota counties are finding out that charging prisoners for staying in jail is not the cash cow they had hoped for. Forcing prisoners to pay for their own incarceration has become a national trend. In the summer of 2003 the Minnesota legislature followed suit, …
Article • May 15, 2004 • from PLN May, 2004
Applicability of FTCA to BOP Causes Circuit Split by David Reutter Applicability of FTCA to BOP Causes Circuit Split by David M. Reutter Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Money/Property, Restitution
Confinement for Willful Failure to Pay LFOs Upheld by The Washington state court of appeals held that confining a criminal defendant for 60 days for failing to pay his legal financial obligations (LFOS) was proper. In 1993, John Woodward pleaded guilty to burglary and auto theft charges, for which he …
Article • May 15, 2004 • from PLN May, 2004
Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado …
Article • April 15, 2004 • from PLN April, 2004
Asset Forfeiture Defense Manual by John E Dannenberg by Brenda Grantland, Judy Osburn and Susan Raffanti; Liberty Press, San Francisco, CA, Nov. 2001; 500 pp. (soft-back) Vol. 1: Substantive Law and Administrative Procedure; Review by John E. Dannenberg You may have thought your troubles were over when you were prosecuted …
Texas Prisoners Have Right to Judicial Review of Administrative Finding by Texas Prisoners Have Right to Judicial Review of Administrative Finding A Texas state court of appeals has held that Texas state prisoners have a right to a judicial review of an administrative finding of destruction of state property in …
CCA Closes Oklahoma Prison, Settles Tax Lawsuit Over Ohio Prison by Michael Rigby The turbulent economy of the past decade has led many communities across America to foolishly seek prisons as a recession proof industry and rural welfare program for poor whites. But prisons can be a double edged sword, …
PLN Sues Florida DOC Over Censorship and Writer Punishment by On January 12, 2004, Prison Legal News filed suit in federal district court in Jacksonville, Florida, against James Crosby, Secretary of the Florida Department of Corrections and Chester Lambdin, the Warden of the Charlotte Correctional Institution, Joseph Thompson, warden of …
Article • January 15, 2004 • from PLN January, 2004
New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax by John E Dannenberg by John E. Dannenberg The New Hampshire Supreme Court held that state law RSA 622:7-b, which imposed a 5% surcharge on the price of all commissary sales, amounted to a disproportionate tax in violation of the New …
Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
Article • January 15, 2004 • from PLN January, 2004
Oregon Prisoner Stated Negligence Claim Concerning Lost Property by The Oregon Court of Appeals reversed a trial court's dismissal of a state prisoner's negligence action against the state and a prison guard related to the guard's handling of his property, which resulted in the loss of his glasses. The court …
Article • December 15, 2003
Audit Faults Oregon Prison Trust Fund System by An audit of the Oregon Department of Connection (ODOC) prisoner trust fund system found internal control weaknesses related to cash reconciliations, check stock and document retention. ODOC awards for prison labor and programming are credited to prisoner trust accounts and all funds …
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