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Fifth Circuit Reinstates Texas Prisoner’s Excessive Force Claims by Matthew Clarke by Matt Clarke On April 16, 2019, the Fifth Circuit Court of Appeals reinstated excessive force claims raised by a Texas prisoner in a federal civil rights suit.  Michael Bourne was being held in a segregation cell when he …
Class Action Challenges Theft of Millions of Digital Music Files from Florida Prisoners by David M. Reutter by David M. Reutter A class-action lawsuit accuses the Florida Department of Corrections (FDOC) of confiscating prisoners’ “lawfully purchased property without compensation” so the department and its vendor, JPay, could realize profit through …
Brief • March 8, 2019
Brown v. Stored Value Cards, 9th Circuit, Amicus Brief, Debit Cards, 2019 (1 of 45) Case: 18-35735, 03/08/2019, ID: 11221605, DktEntry: 44-1, Page 1 of 4 No. 18-35735 In the United States Court of Appeals for the Ninth Circuit ___________________ DANICA LOVE BROWN, Plaintiff-Appellant, v. STORED VALUE CARDS, INC., D/B/A …
Filing • March 8, 2019
Brown v. Stored Value Cards Inc, Prisoner Debit Cards, Appeal, 2019 (1 of 45) Case: 18-35735, 03/08/2019, ID: 11221605, DktEntry: 44-1, Page 1 of 4 No. 18-35735 In the United States Court of Appeals for the Ninth Circuit ___________________ DANICA LOVE BROWN, Plaintiff-Appellant, v. STORED VALUE CARDS, INC., D/B/A NUMI …
Article • March 6, 2019 • from PLN March, 2019
Maine Prisoner’s Challenge to Confiscation of Funds States Declaratory Judgment Claim by David Reutter by David Reutter The Maine Supreme Judicial Court held on October 16, 2018 that a trial court erred by dismissing a petition challenging a prison rule that requires any prisoner who earns money for work to …
Article • March 6, 2019 • from PLN March, 2019
Federal Court Certifies Class in Ohio County Jail Debit Card Case by Chad Marks by Chad Marks On November 16, 2018, a federal judge in the Northern District of Ohio granted a motion for class certification in a case where jail staff were accused of issuing unsolicited fee-laden debit cards …
Article • November 6, 2018 • from PLN November, 2018
Deductions from Pennsylvania Prisoner’s Trust Account Require Notice by On May 4, 2018, the Pennsylvania Supreme Court held a Commonwealth Court should not have sustained a demurrer to a prisoner’s action challenging deductions from his prison account to satisfy criminal restitution orders. State prisoner Kevin A. Bundy asserted, primarily, that …
Article • November 6, 2018 • from PLN November, 2018
Fighting the Fees that Force Prisoners to Pay for Their Incarceration by Jean Trounstine by Jean Trounstine, Truthout.org This past January, prisoners in Florida went on strike to protest what they called modern-day slavery in the state’s prisons. As of March, not only had the Florida Department of Corrections not responded …
Arkansas: $21,000 Settlement in Jail Release Debit Card Class-Action Suit by Derek Gilna by Derek Gilna A federal class-action complaint filed against the Benton County, Arkansas Sheriff’s Office and Keefe Commissary company, over the practice of issuing fee-laden debit cards to prisoners containing their release funds, has settled for just …
Brief • September 13, 2018
Murray v. Ryan, AZ, Settlement, Seizure of Inmate Funds, 2018 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release ("Agreement"), effective September 13, 2018, is between Ronald Murray ("Plaintiff') and Charles L. Ryan ("Defendant") (Plaintiff and Defendant are collectively referred to as the "Parties" in an action …
Article • September 2, 2018 • from PLN September, 2018
Rikers Island Beat Down Suit Settles for $165,000, but Victim Won’t See a Penny by Christopher Zoukis by Christopher Zoukis On October 30, 2012, several guards at the Rikers Island jail complex in New York City used batons to beat handcuffed prisoner Gabino Genao, 31, into unconsciousness. In the wake …
Article • August 8, 2018 • from PLN August, 2018
Michigan Prisoner Publishes Book, State Sues for His Proceeds by Edward Lyon by Ed Lyon Curtis Dawkins is serving life without parole in Michigan. He has been imprisoned since 2005, after a crack-fueled series of crimes committed on Halloween night the year before left Tom Bowman dead. Dawkins is also …
Arkansas Supreme Court finds reimbursement from a §1983 settlement improper by An Arkansas Supreme Court reversed and remanded a circuit court’s order granting reimbursement to the state the costs associated with Dexter Harmon’s incarceration. The court ruled that reimbursement from a §1983 settlement was improper because the circuit court failed …
Federal Court Nullifies Seizure of Prisoner’s Civil Rights Award by On March 29, 2018, a Connecticut federal district court held state officials could not first indemnify a prison guard against whom a prisoner had won a jury award in a civil rights case, then seize the majority of the prisoner’s …
Article • July 2, 2018 • from PLN July, 2018
U.S. Supreme Court: Prevailing Prisoners Must Pay 25 Percent of Damage Awards Towards Attorney Fees by Derek Gilna by Derek Gilna On February 21, 2018, the U.S. Supreme Court held, in a 5-4 decision, that when a prisoner wins a monetary judgment in a federal lawsuit and is entitled to …
Article • March 6, 2018 • from PLN March, 2018
Kansas DOC Raids Inmate Benefit Fund for $6.7 Million by Matthew Clarke by Matt Clarke Since 2004, the Kansas Department of Corrections (DOC) has drained over $6.7 million from the prison system’s Inmate Benefit Fund (IBF), and spent it on goods and services prohibited by state law. The IBF is …
Article • August 30, 2017 • from PLN September, 2017
Missouri Prisoner’s IRA May be Seized for Incarceration Costs by The Missouri Court of Appeals has held that a trial court erred as a matter of law in finding that a federal statute pre-empted the Missouri Incarceration Reimbursement Act (MIRA) and precluded attachment of a prisoner’s Individual Retirement Account (IRA). …
Publication • April 12, 2017
CDCR JPAY Lock Box and Debit Card Services Contract April 12, 2017 Jonathan Goff California Department of Corrections and Rehabilitation 1900 Birkmont Dr. Rancho Cordova, CA 95742 Re: Request for Offer (RFO) C5607126-D for Lock Box and Debit Card Services Dear Mr. Goff, JPay is pleased to submit this proposal …
Article • March 31, 2017
Poverty, Incarceration, and Criminal Justice Debt by Lauren-Brooke Eisen and Jessica Eaglin by Lauren-Brooke Eisen and Jessica Eaglin, Talk Poverty In today’s economy, overwhelming debt is an unfortunate reality for millions of Americans.  From credit card debt to mortgage debt to student loan debt, Americans increasingly live off of borrowed money. …
Paying for Your Time: How Charging Inmates Fees Behind Bars May Violate the Excessive Fines Clause by Lauren-Brooke Eisen by Lauren-Brooke Eisen, Loyola Journal of Public Interest Law Introduction In 1846, the United States saw the birth of the first correctional fee law when Michigan enacted legislation authorizing counties to charge …
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