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Article • October 23, 2017
No Forfeiture-Database Backup With Millions on the Line, NYPD Admits by Adam Klasfeld New York City is one power surge away from losing all of the data police have on millions of dollars in unclaimed forfeitures, a city attorney admitted to a flabbergasted judge on Tuesday. "That's insane,"  Manhattan Supreme ...
Article • October 10, 2017 • from PLN October, 2017
Waging War on the Poor: Unpaid Fines Lead to Jail by Christopher Zoukis by Christopher Zoukis Stung by a series of lawsuits filed across the nation challenging the practice of jailing people unable to pay court fees and fines, Texas legislators passed a law that requires judges to offer community ...
Article • September 8, 2017
Filed under: Tax Law, Religion Defined
Seventh Circuit Denounces "Sovereign Citizen" Claims in Otherwise Routine Denial of Frivolous Suit by Lonnie Burton by Lonnie Burton John Jones Bey sued the State of Indiana and county officials to enjoin them from taxing property he owns in Marion County, Indiana. He also sought a refund of past taxes ...
Article • August 30, 2017 • from PLN September, 2017
Filed under: Prisoner Property
Oregon Prisoner’s Conversion Claim Against Guard Reinstated by The Oregon Court of Appeals reversed a lower court’s dismissal of a prisoner’s handwritten, pro se filing for failure to state a claim. Oregon prisoner Michael Spillino filed a handwritten petition in circuit court, claiming that Oregon Department of Corrections (ODOC) lieutenant ...
Extensive Contraband Found During Shakedowns at Mississippi Prisons by A surprise predawn shakedown on March 3, 2017 yielded an “excessive amount of contraband” at one of Mississippi’s three privately-operated prisons, according to Mississippi Department of Corrections (MDOC) Interim Commissioner Pelicia Hall. The search at the Wilkinson County Correctional Facility was ...
Article • August 30, 2017 • from PLN September, 2017
Filed under: Medical, Prisoner Property
Plastic Spoon Not a “Dangerous Weapon” Under Oregon Law by The Oregon Court of Appeals has held that a prisoner was entitled to dismissal of a dangerous weapon charge because a plastic spoon with a slightly sharpened handle was not a dangerous weapon. The Court also held an “attempt” jury ...
Article • August 30, 2017 • from PLN September, 2017
DOJ Publishes Ten-step Program for Halfway House Reforms by Halfway houses, known as Residential Reentry Centers (RRCs), are the last stop for federal prisoners before they are released from the Bureau of Prisons (BOP). According to a recent U.S. Department of Justice (DOJ) memorandum on the subject, the BOP “maintains ...
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). ...
Article • August 30, 2017 • from PLN September, 2017
Filed under: Trust Accounts, Commissary
Stolen Credit Cards Laundered Through Global Tel*Link in Ohio Prisons by Christopher Zoukis by Christopher Zoukis The Ohio State Highway Patrol, which investigates all manner of crimes in Ohio, launched an investigation in November 2016 into the use of stolen credit card numbers to fund commissary accounts in the state ...
Article • August 29, 2017 • from PLN September, 2017
Pretrial Diversion: Pay Not to Stay (in Jail) by Christopher Zoukis by Christopher Zoukis As government authorities come to grips with the massive and costly incarceration problem in the United States, efforts to find alternatives to expensive prison and jail sentences are underway. Pretrial diversion, an old favorite, is once ...
Article • August 22, 2017
New York Federal Court Allows Attorney's Fees for Time Spent Preparing Application for Attorney's Fees by Lonnie Burton by Lonnie Burton In a Memorandum & Order dated December 21, 2016, United States District Court Judge Nicholas G. Garaufis, adopted in full a magistrate's Report & Recommendation (R&R) granting just over ...
Article • August 10, 2017
Filed under: Smoking, Commissary
Jails Market E-Cigarettes to Detainees to Generate Revenue by Mark Wilson by Mark Wilson Prisons and jails across the country went tobacco-free years ago, to avoid second-hand smoke lawsuits and rising medical care costs. Now, impoverished jails are selling prisoners e- cigarettes, in hopes of profiting off their addiction. “Hope ...
Brief • August 9, 2017
AAAJ-ALC v. DHS, CA, Complaint, Immigration Bond Public Records, 2017 Case 3:17-cv-04388-EDL Document 1 Filed 08/02/17 Page 1 of 27 1 JAYASHRI SRIKANTIAH (CA Bar No. 189556) JENNIFER STARK (CA Bar No. 267062) 2 IMMIGRANTS' RIGHTS CLINIC Mills Legal Clinic at Stanford Law School 3 Crown Quadrangle, 559 Nathan Abbott ...
Article • August 7, 2017
NV Prisoner with Hand Injury Settles for Used TV, Medical Evaluation and $40.70 in Copying Fees by Joe Watson by Joe Watson Robert Finley, a Nevada Department of Corrections (NDOC) prisoner, settled in August 2008 for a used television, $40.70 in legal copying fees and a medical evaluation with follow-up ...
Article • August 4, 2017
$1,514 Verdict in Favor of NV Prisoner in Jail Retaliation Case by Joe Watson by Joe Watson A federal judge returned a bench verdict in favor of Timothy H. Johnson, a prisoner at the Ely, Nevada state prison, in May 2008, awarding the plaintiff $1,514.35 in his suit alleging that ...
Going to Prison in Texas in 2015 by William T. Habern by William T. Habern, David P. O’Neil, and Debra Bone Introduction For over 30 years our firm has represented offenders and their families in prison and parole administrative and legal issues. The first version of this article was published ...
Brief • July 31, 2017
Adams v. Sentinel Offender Services, GA, Complaint, Private Probation Fees, 2017 Case 1:17-mi-99999-UNA Document 1922 Filed 07/25/17 Page 1 of 54 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) STACEY ADAMS, ) ) JERRY SAINT VIL, on behalf of ) themselves and others ...
Article • July 28, 2017 • from PLN August, 2017
Man Smuggles Poison into Jail, Commits Suicide Following Arrest for Failure to Pay Ambulance Bill by Less than two hours after he was arrested for not paying an outstanding debt, Rex Iverson, 45, was found unresponsive in a holding cell at a jail in Box Elder County, Utah. An ambulance ...
Article • July 28, 2017 • from PLN August, 2017
Policing for Profit: Law Enforcement Agencies Abuse Civil Asset Forfeiture by Matthew Clarke by Matt Clarke While crime may not pay, policing can be very profitable when law enforcement agencies are allowed to seize assets not only from criminals but also people merely suspected of breaking the law. No criminal ...
Article • July 28, 2017 • from PLN August, 2017
South Carolina Appellate Court Upholds Prisoner’s Wage Suit by Derek Gilna by Derek Gilna South Carolina state prisoner Fred Gatewood, who worked in a prison industries job, thought he was to be paid $4.00 per hour subject to various state-mandated deductions, but in fact received less. He filed wage-related grievances, ...
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