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