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Article • March 15, 2000 • from PLN March, 2000
Dean Injunction Clarified in Washington 35% Suit by Wright Acted On PLN has extensively reported the state and federal litigation challenging the constitutionality of RCW 72.09.480. RCW 72.09.480 is the statute which allows the Washington Department of Corrections (DOC) to seize 35% of all funds sent to Washington prisoners. As …
Article • February 15, 2000 • from PLN February, 2000
Wisconsin Release Account Used to Pay Filing Fees by A federal district court in Wisconsin held that a prisoner's "release account" can be used to pay PLRA filing fees. The Wisconsin DOC takes a percentage of prisoners' money which it places in an account that can only be accessed when …
Article • February 15, 2000 • from PLN February, 2000
Litigation Costs Not Dischargeable in Bankruptcy by A federal bankruptcy court in Idaho held that the PLRA's modification to the bankruptcy code, 11 U.S.C. § 523(a)(7), which exempts from chapter 7 bankruptcy discharge any debt involving filing fees and litigation costs, applies to non prisoners as well as prisoners. The …
Article • February 15, 2000 • from PLN February, 2000
Washington Prison Slavery Runs Competitors Out of Business by Paul Wright PLN has extensively reported that, contrary to the claims of its supporters, prison slave labor has historically cost free world workers their jobs and eliminated businesses who are unable to compete with prison slave wages. Prison slave labor also …
Arizona Incarceration Cost Setoff Law Upheld by The Arizona Court of Appeals held that, as applied, the state's incarceration cost setoff law does not violate the Equal Protection Clause of the Fourteenth Amendment or the anti-abrogation provisions of the Arizona Constitution. A jury awarded $15,000 to Felix Duarte and $1,500 …
Article • January 15, 2000 • from PLN January, 2000
Drug Seizures Pay for Death Celebrations by In 1998 the East Baton Rouge District Attorney's Office shelled out $1,291.27 for steak dinners to celebrate three death penalty verdicts. The DA's office used money and other assets seized in drug arrests to bankroll the celebratory dinners at a local steak house. …
BOP Can't Keep Prisoner Who Refuses to Pay Fine Indefinitely by A federal district court judge in Virginia held that a prisoner's refusal to sign an agreement to pay a court ordered fine does not allow the Bureau of Prisons (BOP) to keep him imprisoned indefinitely. This ruling amply illustrates …
1999 Washington State Legislative Roundup by The 1999 Washington legislature created or amended far too many statutes of interest to our readers to adequately summarize, but here are some highlights: Custodial Misconduct makes it a class C felony for an employee or contract personnel of a correctional agency [or] law …
Arizona Can't Seize All Prison Labor Back Wages by The Arizona court of appeals held that the state of Arizona can only seize thirty percent of a successful prisoner litigants back wages award. In 1983 and 1984 Richard Ford, an Arizona state prisoner, worked for Cutter Industries, a private company …
Article • December 15, 1999 • from PLN December, 1999
Washington Court of Appeals Holds Restitution Orders Invalid by The Washington state Court of Appeals held that restitution orders entered under the pre-1995 version of RCW 9.94A.142 are invalid if entered more than 60 days after sentencing and entered: (1) as an ex parte order, if the defendant objected, regardless …
West Virginia Supreme Court Upholds Computer Ban by In the February, 1998, issue of PLN we reported that the West Virginia Department of Corrections (DOC) had prohibited its prisoners from having personal computers in their cells. In the previous decade West Virginia, New Jersey, Wyoming, Alaska and a prison in …
Article • November 15, 1999 • from PLN November, 1999
Request for Telephonic Appearance Must Be Considered by The Idaho Court of Appeals held that a prisoner's due process rights were violated when a magistrate failed to consider his request to appear telephonically in a child support action. In April, 1997, the Idaho Bureau of Child Support (Bureau) brought an …
Nevada Guards Party with Inmate Welfare Fund by The Nevada state legislature made a bold move to "end inmate welfare as we know it" when it passed a bill (AB289) in 1999 stating that revenue from state prisons' Inmate Welfare Fund (IWF) can be used for employee perks. But the …
Beaten Connecticut Jail Detainee Awarded $2.07 Million by A federal jury in February, 1999 awarded Kevin King $2 million in punitive damages and $75,000 in compensatory damages for a beating he suffered at the hands of Hartford (Conn.) Correctional Center jail guards. The verdict touched off a firestorm of controversy …
Missouri Proposes $2.2 Million Settlement by On June 25, 1999, the state of Missouri filed a proposed $2.2 million settlement in U.S. District Court that would dispose of 32 lawsuits filed in state and federal courts by 700 - 2,100 Missouri prisoners abused in Texas jails. The lawsuits stem partly …
Article • September 15, 1999 • from PLN September, 1999
Washington 35% Spousal Suit Update by In last month's issue of PLN we reported the trial court ruling striking down RCW 72.09.480. This Washington statute allows the Department of Corrections to seize 35% of all funds sent to prisoners. Dean v. Lehman is the state court lawsuit filed by the …
Article • September 15, 1999 • from PLN September, 1999
No Court Access Right to Litigate Civil Forfeiture by The U.S. court of appeals for the Eleventh Circuit held that prisoners do not have an access-to-court right to defend against civil forfeiture. The court also accorded qualified immunity, sua sponte, to all defendants on the prisoner's conditions of confinement claims. …
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee by The court of appeals for the Seventh circuit held that prison wardens are responsible for ensuring Prison Litigation Reform Act (PLRA) filing fees are transmitted from the trust accounts of prisoners to the courts. Wardens who fail …
CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
Article • August 15, 1999 • from PLN August, 1999
Washington 35% Law Struck Down by State Court by 0n May 17, 1999, King County (Seattle) superior court judge Glenna Hall held that RCW 72.09.480 was unconstitutional. In 1995 the Washington legislature enacted RCW 72.09.480 which mandates the seizure by the Department of Corrections (DOC) of 35% of all funds …
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