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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 ...
Article • March 24, 2017
Spokane County Settles Class-Action Suit Over Jailing; Those Unable to Pay Fines by Matthew Clarke by Matt Clarke On September 19, 2014, a Washington State federal court signed off on the preliminary settlement of a class-action lawsuit brought against Spokane County for routinely jailing people with court-ordered fines or other ...
Article • March 10, 2017 • from PLN March, 2017
The Financial Firm that Cornered the Market on Jails by Arun Gupta Thousands of arrestees a year are forced into get-out-of-jail-broke cards that are loaded up with deceptive fees. by Arun Gupta, The Nation A year and a half ago, after a grand jury declined to indict police officer Darren Wilson in ...
Article • March 10, 2017 • from PLN March, 2017
Ohio: Garnishment from Exempt Funds in Prison Account States Mandamus Claim by The Ohio Supreme Court has reversed a lower court’s dismissal of a prisoner’s mandamus claims related to the garnishment of exempt funds in her prison account. Ohio state prisoner Agatha Martin Williams was sentenced to 102 months and ...
Bail Fail - Why the U.S. Should End the Practice of Using Money for Bail, JPI, 2012 BAIL FAIL: Why the U.S. Should End the Practice of USING Money for BaiL JUSTICE POLICY INSTITUTE | SEPTEMBER 2012 2 justice policy institute CONTENTS 3 PART 1: INTRODUCTION 5 PART 2: BACKGROUND ...
New Study Documents Lower Pre-arrest Incomes for Prisoners by Derek Gilna A study released last year, prepared by the Prison Policy Initiative (PPI), documented what most criminal justice experts have long suspected – that offenders’ pre-arrest incomes are significantly lower than the incomes of people who are not incarcerated. Interestingly, ...
Arkansas Court of Appeals Upholds Civil Forfeiture Ruling by On May 4, 2016, the Arkansas Court of Appeals upheld a lower court’s order for the civil forfeiture of nearly $20,000 seized from Guillermo Espinoza during a July 2013 traffic stop. Espinoza was never charged with a crime and prosecutors eventually ...
Collecting Unpaid Booking Fees in Colorado may be Illegal, Experts Say by Joe Watson According to legal experts, unpaid jail booking fees that sheriff’s departments across Colorado have collected for years may violate state law if the fees are being taken from people who are repeatedly arrested, such as the ...
Article • October 27, 2016
Kentucky Court of Appeals Upholds Jail Confiscating Cash and Checks to Pay Fees by Matthew Clarke On November 13, 2015, a Kentucky court of appeals held that neither a jail nor a bank acted illegally when the confiscated the checks prisoners had on them when they were booked into the ...
Article • October 3, 2016 • from PLN October, 2016
Supreme Court: Sixth Amendment Prevents Pretrial Seizure of Untainted Assets by Derek Gilna On March 30, 2016, the U.S. Supreme Court reversed a lower court ruling that had permitted the federal government’s pretrial seizure of a criminal defendant’s untainted assets. Sila Luis, charged with health care fraud, possessed approximately $2 ...
Article • October 3, 2016 • from PLN October, 2016
Oregon Federal Court Denies Motion to Dismiss Release Debit Card Suit by Derek Gilna On August 25, 2016, a federal district court in Oregon denied a motion to dismiss a lawsuit brought by former prisoner Danica Love Brown, who had filed a class-action complaint naming Stored Value Cards, Inc. d/b/a ...
Article • October 3, 2016 • from PLN October, 2016
DOJ Gives $179.7 Million to State Law Enforcement in FY 2016 Grant Funding by Derek Gilna When the Consolidated Appropriations Act was enacted by Congress in 2005, the U.S. economy was growing, tax collections were rising and law enforcement’s gravy train of funding was gaining momentum. Although more recently the ...
Article • September 8, 2016
WV: Money Sent By Family to Prisoners Subject to 40% Deduction, Despite Rule To the Contrary by Lonnie Burton On June 8, 2016, the West Virginia Supreme Court held that funds received by prisoners from family and friends are considered "earnings" and thus subject to the deductions mandated by W. ...
Poor Parents Fail to Pay Child Support, Go to Jail by Matthew Clarke Child support is an enormous issue in the United States. In August 2015, Mark Greenberg, the Acting Assistant Secretary for the Administration for Children and Families, a division of the U.S. Department of Health & Human Services, ...
Article • August 10, 2016
Georgia District Court Deals Blow to Involuntary Debit Card Prisoner Refunds by Derek Gilna Robert Regan, a 67 year old arrested on a warrant in Rockdale County, Georgia, was carrying $764.00 when he was arrested.  When he finally released, instead of being given cash or a check for the money ...
Article • August 4, 2016
States Still Using Unconstitutional Debtors Prisons to Jail the Poor by Joe Watson The landmark 1983 U.S. Supreme Court decision Bearden v. Georgia reaffirmed the outlaw of so-called "debtors prisons"—the practice of incarcerating indigent people for being unable to pay off their debts—and requires that judges consider whether defendants are ...
Brief • July 19, 2016
Lehr et al v. City of Sacramento, CA, Order, homeless anti-camping rules property seizure, 2013 Case 2:07-cv-01565-MCE-EFB Document 237 Filed 03/25/13 Page 1 of 29 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY LEHR, et al., 12 Plaintiffs, ...
Brief • July 19, 2016
Hopkins v. Flores, CA, Settlement, jail inmate welfare fund recovery, 2008 CLASS ACTION SETTLEMENT AGREEMENT This Class Aetion Settlement Agreement ("Settlement Agreement") i'; entered into by a elass of inmates of the Santa Clara County jails ("Inmate Class"), through Class Counsel, and Santa Clara County ("County") nle foregoing are refolwd ...
Elizzari et al v. Sheriff of Cook County, IL, Plf Mot to Alter or Amend IR Judgment, 2016.pdf Case: 1:07-cv-02427 Document #: 448 Filed: 03/07/16 Page 1 of 6 PageID #:8558 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LEONCIO ELIZARRI, et al., Plaintiffs, -vsSHERIFF OF ...
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