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Wednesday, March 18, 2009

 
TEXT OF COMPLAINT AGAINST CLINCH COUNTY GA. FOR CHARGING "ROOM AND BOARD"

Click here to review a copy of the class action Complaint filed against Clinch County Georgia and its former Sheriff and Deputy Sheriff arising out of the imposition of "user fees" against jail detainees. Note that we previously mentioned this lawsuit.

We predict that as operating budgets become more stressed, more and more local governments will attempt to impose unlawful taxes masquerading as "user fees."* We also predict that more successful lawsuits will be pursued against local governments who try to raise revenues in this manner.

*See also, An Excise Tax is not a User Fee.

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Comments:
These are easy ways to make money because if you complain who is going to listen to an inmate?
 
If you read some of the prior posts to this Blog, you will see that more and more Sheriffs are being jailed and/or successfully sued for stealing money from inmates. Clinch County Georgia, North Carolina, Decatur Alabama. A deputy in Summerville South Carolina was convicted of stealing almost $400,000 form the "Prisoners' Fund", the Sheriff decided not to run for re-election, and hundreds of thousands of dollars have not yet been accounted for. Maybe no one listens to inmates, but inmates are finding lawyers who will prosecute these cases. So folks in power need to pay attention.

Sometimes we go off on a tangent, but our point is that jails should be used to punish. And the Contempt powers of the Court should be used to force compliance with Court Orders. Neither should be used just to generate revenue, particularly at the expense of the children who are not receiving support. You may want to read http://www.aca.org/publications/ctarchivespdf/aug03/pnt-counter.pdf.
We will comment on this article in a day or two.
 
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