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Article • January 15, 1998 • from PLN January, 1998
Motion for Seized Property Subject to PLRA Fee by The court of appeals for the fifth circuit held that a federal prisoner's motion for the return of seized property period had run. The district court did not reconsider its ruling. The court of appeals vacated and remanded. The appeals court …
Washington 35% Law Struck Down, in Part by PLN has reported extensively on Wright v. Riveland , the class action lawsuit challenging Washington state statute RCW 72.09.480 [ PLN , Jun. Aug. Dec. 1996; May, 1997]. The law allows the DOC to seize 35% of all money sent to prisoners, …
Second Circuit Approves Disciplinary Hearing Surcharge by The court of appeals for the second circuit held that the imposition of a mandatory surcharge against prisoners found guilty of certain rule violations did not violate due process, that the failure to provide a hardship waiver for indigents did not violate equal …
Arizona Holiday Package Decree Modified by In the June, 1997, issue of PLN we reported the lengthy, tortured history of efforts by the Arizona DOC to eliminate holiday packages [On the Edge of Midnight]. The ruling cited in that article, Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. …
Article • October 15, 1997 • from PLN October, 1997
Rhode Island Probation Fee Ruling Reversed by In the September, 1996, issue of PLN we reported Taylor v. Rhode Island, 908 F. Supp. 92 (D RI 1995) where a district court struck down as violating the ex post facto clause and due process a state statute requiring probationers to pay …
Article • September 15, 1997 • from PLN September, 1997
No Right to TV or Radio by A federal district court in Mississippi upheld a state statute prohibiting prisoners from using televisions or radios. In the January, 1995, issue of PLN we reported the enactment of Miss. Code Ann. § 47-5-124 which states: "No convict incarcerated in a state correctional …
DC Circuit Creates New Immunity Rule: Supreme Court Grants Review by The court of appeals for the DC circuit, on rehearing en banc, overruled prior circuit precedent by holding that a civil rights plaintiff is no longer required to plead a government official's unconstitutional intent with specific discernible facts or …
Washington Cost Bill PI Vacated by In the February, 1996, issue of PLN we reported Richey v. Nerup, the unpublished ruling by federal judge Quakenbush in Spokane, WA who entered a Preliminary Injunction (PI) on September 14, 1995, enjoining the Washington DOC from seizing funds from prisoner litigants assessed cost …
Article • August 15, 1997 • from PLN August, 1997
Jail Medical Fees Upheld by Fifth Circuit by The court of appeals for the fifth circuit, in two consolidated cases, upheld the manner in which fees were collected from indigent prisoners who sought medical care. This case is more important for what it doesn't decide than for what it does. …
Article • August 15, 1997 • from PLN August, 1997
Washington Prison Legislation by The Washington state legislature ended its 1997 session by passing very few laws that directly impact Washington prisoners. Laws that were signed into law were: ISRB: House Bill 1646 extended the existence of the Indeterminate Sentence Review Board (ISRB, AKA the parole board) another ten years …
Article • June 15, 1997 • from PLN June, 1997
Prisoners' Spouses Challenge Washington 35% Law by Past issues of PLN have detailed the litigation in Wright v. Riveland, the federal class action suit challenging the legality of RCW 72.09.480, a Washington state statute that mandates the seizure, without exceptions, of 35% of all funds sent to prisoners. On May …
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Article • June 15, 1997 • from PLN June, 1997
BOP Can't Set Restitution by The court of appeals for the second circuit held that federal district courts may not delegate to the Bureau of Prisons (BOP) the responsibility to devise a restitution payment schedule pursuant to the Inmate Financial Responsibility Program (IFRP), 28 C.F.R. § 545.10. Daniel Mortimer was …
Massachusetts Prisoners Awarded Back Pay by A Mass. superior court judge ruled the state owes 2,253 current and former state prisoners about $1 million because they were not given a pay raise mandated by DOC regulations. In April 1991, new DOC regulations were issued that raised the top rate for …
Article • May 15, 1997 • from PLN May, 1997
Update on Washington Money Seizure Suit by Paul Wright In the June, August and December, 1996, issues of PLN we reported the history and developments in Wright v. Riveland, the Washington class action lawsuit challenging the legality of RCW 72.09.480, a state statute that allows the DOC to seize 35% …
Ex-Sheriff Sex Offender Retains Pension by In the July 1995 issue of PLN we reported "51 Months for Sex With Prisoners," about Gulf County (FL) sheriff Al Harrison, then 52, who was convicted of seven misdemeanor counts of violating the civil rights of five female prisoners over a period of …
Article • February 15, 1997 • from PLN February, 1997
Kansas Prisoners Lose Welfare Fund Suit by A federal district court in Kansas held that state prisoners were not entitled to injunctive relief regarding how money from the Inmate Benefit Fund (IBF) was spent by the DOC. Kansas state prisoners filed a class action suit challenging how the Kansas DOC …
County Liable for Trustee's Work; No Remedy for Illegal Detention by The court of appeals for the fifth circuit held that a county was properly liable where it did not reimburse a jail detainee for work he performed on public property. The court also held that a pretrial detainee's work …
Article • February 15, 1997 • from PLN January, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the second circuit held that the provisions of the Prison Litigation Reform Act (PLRA) requiring payment of filing fees do not apply if the prisoner is released after filing suit. Clarence McGann, a New York state prisoner, …
Article • December 15, 1996 • from PLN December, 1996
Update on Washington Money Seizure Suit by In the August, 1996, issue of PLN we reported the history and then current status of Wright v. Riveland, the class action suit challenging the constitutionality of Washington statute RCW 72.09.480, which allows the DOC to seize 35% of all funds sent to …
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