Legal Opinion

Hertz v. Carothers

Alaska Supreme Court

Decided February 12, 2010No. S-13245Published

1Opinion of the Court

OPINION

CHRISTEN, Justice.

I. INTRODUCTION

This is the second time we have addressed Sidney Hertz's objections to the State's attempt to execute a judgment against his prisoner trust account. In Hertz v. Carothers 1 (Hertz I ), Hertz challenged the State's right to execute on his prisoner trust account to satisfy a judgment for Alaska Civil Rule 82 attorney's fees entered after Hertz lost a prisoner civil rights lawsuit against the State. There, we affirmed the validity of AS 09.38.030(f) which excludes prisoners from an exemption for low wage earners. Following Herts I, the State again levied…

2Cases cited20 opinions

  1. Dobbert v. FloridaSupreme Court of the United States · 1977
  2. Brandon v. Corrections Corp. of AmericaAlaska Supreme Court · 2001
  3. State v. Alaska Civil Liberties UnionAlaska Supreme Court · 1999
  4. Blake v. GilbertAlaska Supreme Court · 1985
  5. Calhoun v. GreeningAlaska Supreme Court · 1981

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