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Criminal Law

: Tenth Circuit Blog

District Court May Not Delegate Setting Restitution Schedule to BOP

By Shari Allison

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Bradshaw v. Lappin, 2009 WL 921161 (4/7/09) (unpub'd) - A federal prisoner victory. The 10th reverses a dismissal of a civil rights complaint. The Bureau of Prisons does not have the authority to set up a restitution schedule and tell the inmates they would not be allowed out of supermax unless they complied with that schedule. The district court cannot delegate the restitution schedule responsibility. Also, the district court erred by failing to consider the statute of limitations problem for a medical claim when the district court dismissed that claim for misjoinder.

Full post as published by Tenth Circuit Blog on April 14, 2009 (boomark / email).

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