Services- prisoner.

• Position: Brief Article

U.S. Appeals Court

COMMISSARY

Myrie v. Commissioner. N.J. Dept. of Corrections 267 F.3d 251 (3rd Cir. 2001). Prison inmates challenged the application of a New Jersey statute that required them to pay a ten percent surcharge on their purchases from a prison or jail commissary, in order to fund compensation of crime victims, alleging violations of their Double Jeopardy, Ex Post Facto, and Bill of Attainder rights. The district court granted summary judgment for the defendants and the inmates appealed. The appeals court affirmed, finding that the surcharge was not so punitive in purpose or effect that it could be viewed as a "punishment" in violation of the inmates' rights. The court held that the surcharge was not an excessive fine and that it did not offend constitutional due process guarantees. The court noted that purchases outside the prison context would otherwise have been subject to a 6% sales tax. (New Jersey)

U.S. Appeals Court

COMMISSARY

Nelson v. Heiss 271 F.3d 891 (9th Cir. 2001). A state inmate brought a [sections] 1983 action against corrections officials after holds were placed on his inmate trust account. The district court dismissed the action on the basis of qualified immunity and the appeals court affirmed in part, reversed in part, and...