AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


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Forfeiture

     Prison "mailbox" rule applied in determining whether a prisoner submitted a timely contest of the administrative forfeiture of his van by the FBI. The prisoner's papers contesting the forfeiture were filed when he delivered them to prison officials, not when it was received by the FBI. Appeals court reverses summary judgment in favor of the government in prisoner's challenge to the forfeiture. Longenette v. Krusing, No. 00-3690, 322 F.3d 758 (3rd Cir. 2003). [N/R]
     Prisoner's agreement to forfeit drug proceeds as part of a plea bargain included $19,000 which had been held by his brother, and which his brother turned over to the state. State officials did not violate prisoner's civil rights in obtaining these funds, and prisoner had no standing to challenge the forfeiture of the money. Libretti v. Wyoming Attorney General, No. 02-8018, 60 Fed. Appx. 194 (10th Cir. 2003). [N/R]

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