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U.S. Appeals Court: COST OF CONFINEMENT EXCESSIVE FINES CLAUSE.


Wright v. Riveland 219 F.3d 905 (9th Cir. 2000). An inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr.  brought a class action suit against the secretary of a state corrections department challenging a state law that authorized au·thor·ize  
tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es
1. To grant authority or power to.

2. To give permission for; sanction:
 a 35% MENT deduction from all funds received by inmates from outside sources. The federal district court dismissed the constitutional claims but declared the law void in part to the extent that it impaired certain federal statutory rights. The appeals court affirmed af·firm  
v. af·firmed, af·firm·ing, af·firms

v.tr.
1. To declare positively or firmly; maintain to be true.

2. To support or uphold the validity of; confirm.

v.intr.
 in part, reversed in part and remanded. The appeals court held that the 35% deduction was not a "tax" within the meaning of the Tax Injunction Act but that the inmate class had sufficiently demonstrated standing to challenge the statute as violating the Excessive Fines Clause. The appeals court held that the ERISA See Employee Retirement Income Security Act.

ERISA

See Employee Retirement Income Security Act (ERISA).
 anti-alienation provision did not prevent the corrections department from deducting funds under the state law from benefits received from ERISA-qualified pension plans. The appeals court refused to consider claims that the corrections department failed to p ay interest on personal inmate savings accounts Savings Account

A deposit account intended for funds that are expected to stay in for the short term. A savings account offers lower returns than the market rates.

Notes:
. (Washington Department of Corrections)
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Article Details
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Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:Nov 1, 2000
Words:173
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