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Article • March 15, 2002 • from PLN March, 2002
New York Court Limits "Son of Sam" Law by New York Court Limits "Son of Sam" Law A New York appellate court affirmed a trial court ruling that, absent a state felony conviction and a complaint by the victim, the Crime Victims Board lacked authority to compel criminals to forfeit …
New York Expands "Son of Sam" Law Giving Crime Victims More "Clout" by Lonnie Burton New York Expands "Son of Sam" Law Giving Crime Victims More "Clout" by Lonnie Burton In June 2001, the State of New York amended its socalled "Son of Sam" law to allow crime victims to …
Article • March 15, 2002 • from PLN March, 2002
Arizona Prisoner Adequately Pleaded Section 1983 Claim by The Arizona Court of Appeals held that a prisoner was barred from bringing a tort action against the state and Department of Corrections (DOC) but that his allegations were sufficient to support a claim against a prison official under 42 U.S.C. § …
Minnesota Cost-of-Confinement Surcharge Upheld by The Court of Appeals of Minnesota has upheld a surcharge imposed on prisoners in custody of the Minnesota Department of Corrections (DOC). The case had been filed as a class-action suit in a Minnesota district court challenging a DOC rule imposing a 10% cost-of-confinement surcharge, …
Article • December 15, 2001 • from PLN December, 2001
Arizona Supreme Court Upholds Application of Gate Money Amendments by The Arizona Supreme Court, sitting en banc , held that amendments to Arizona's "Gate Money" statute were not applied retroactively and did not violate due process or ex post facto prohibitions. Arizona prisoner Reinhold Zuther was convicted in 1992. At …
Article • November 15, 2001 • from PLN November, 2001
Cell Search, Property Seizure Suit Set for Trial by Cell Search, Property Seizure Suit Set For Trial A federal district court in Delaware held that summary judgment was not appropriate to decide if a prisoner's cell had been illegally searched and his papers improperly seized. Michael Jordan, a Delaware prisoner, …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Money/Property, Interest
Denial of Interest Does Not Violate Takings Clause by The Fourth Circuit held that the denial of interest earned on prison trust accounts does not violate the Takings Clause of the Fifth Amendment. Virginia prisoner William Washlefske earns an average of $108.76 each month from prison labor. That money is …
Article • September 15, 2001 • from PLN September, 2001
Washington Supreme Court Upholds 35% Seizure Law by Roger Smith Washington Supreme Court Upholds 35% Seizure Law; But Prisoners Entitled To Interest From Mandatory Savings Accounts The Washington Supreme Court has declared RCW § 72.09.480 to be constitutional. The statute directs the Washington Department of Corrections (DOC) to seize 35% …
Kansas Disciplinary Restitution Orders Authorized by The Kansas Court of Appeals affirmed a district court judgment, reducing the amount of restitution assessed against two prisoners for disciplinary rule violations, from $1,956.75 to $1,104.68 per prisoner. In doing so, the court concluded that the Department of Corrections has the authority to …
Arizona Judgment Seizure Statute Upheld; Fees Protected by An Arizona appellate court has held that a state law allowing the Arizona Department Of Corrections (DOC) to seize 80% of all money won in prisoner lawsuits is valid under that State's constitution. Charles Holly, an Arizona prisoner, sued that State after …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Thirty Days to Sue Following Resolution of Grievance by An appeals court in Texas has held that Texas prisoners have only 30 days to file a lawsuit after resolution of their administrative grievance. Failure to do so results in dismissal of the suit. Richard James Randle, a …
Article • June 15, 2001 • from PLN June, 2001
PLRA-Based Garnishment Used to Collect Court Costs for Defendant by The court of appeals for the Fifth Circuit has held that the method for garnishing a prisoner's trust fund set forth in the Prison Litigation Reform Act (PLRA) and codified at 28 U.S.C. §§ 1915(f)(2)(A), (B) and (b)(2), may be …
Article • June 15, 2001 • from PLN June, 2001
Ten Percent Prison Commissary Surcharge in New Jersey Upheld by The Superior Court of Appeals of New Jersey has held that the 10% surcharge on purchases from prison commissaries in New Jersey is constitutional. Paul Auge, a New Jersey state prisoner, filed suit in state court challenging the imposition by …
Article • June 15, 2001 • from PLN June, 2001
Statutory Authority Not Required to Levy Housing Costs by Statutory Authority Not Required To Levy Housing Costs The Third Circuit Court of Appeals held that prison officials can levy housing cost liens without statutory authority. Prisoner Leonard G. Tillman filed a 42 U.S.C. §1983 action challenging the Lebanon County Correctional …
Article • June 15, 2001 • from PLN June, 2001
No Forfeiture Notice Violates Due Process by An en banc majority of the Third Circuit Court of Appeals held that due process is violated when notice of a pending administrative forfeiture proceeding is not sent directly to a pretrial detainee when the detainee's actual whereabouts can be determined. A panel …
Washington Media Royalties Sentencing Condition Reversed by A Washington State Court of Appeals modified the sentence of childrapist Mary R. Letourneau by striking a requirement that inperson contact with her own children be supervised and lifting the prohibition on her profiting from any commercialization related to her crimes. In early …
Article • May 15, 2001 • from PLN May, 2001
Software Glitch Frees Washington Probationers by A computer error at the Washington state Department of Corrections prematurely released about 70 people from criminal supervision or restitution payments. People convicted of crimes such as robbery, drug possession and assault were suddenly freed from supervision on April 21, 2000, said DOC spokesman …
Peaceful Protest at Mount Olive Prison by Gary Hunter Limits on personal property sparked a peaceful protest by prisoners at Mount Olive Correctional facility in Fayette County, West VA. On October 2nd over a fourth of the 867 residents gathered on the recreation yard with 16 demands for warden Howard …
Article • May 15, 2001 • from PLN May, 2001
Voluntary Agreement with MINNCOR Not Enforceable Contract by Voluntary Agreement With MINNCOR Not Enforceable Contract A state court of appeals in Minnesota has held that the Voluntary Agreement signed by prisoners laboring under MINNCOR's administration is not an enforceable contract. Kenneth Murray, a Minnesota state prison, filed suit in state …
Welfare Retaliation Suit Reinstated by Walter Friedl, a New York state prisoner, filed a §1983 action complaining that New York City and State officials had improperly revoked his work release program and reincarcerated him because he applied for welfare benefits. The City of New York settled for $20,000 while the …
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