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MILLIONS IN INMATE WELFARE FUNDS RESTORED
Public Interest Law Firm, with pro bono co-counsel Fenwick & West, represented a class of inmates in a successful lawsuit against the County of Santa Clara which alleged misappropriation of funds designated by state law to be used for the benefit of inmates. PILF alleged that the County violated this law by diverting money from telephone commissions away from the Inmate Welfare Fund (IWF) and using that money to pay for services that are legally mandated or not primarily for inmates’ benefit. After years of litigation and settlement negotiations, PILF reached a settlement with the County that requires
sweeping policy changes in the administration of the IWF. It provides for the appointment of a consultant to assess inmate needs, creates enhanced oversight and auditing, and will result in $1.5 million in restitution to the IWF, over $1 million in new monies to be deposited to the IWF, and up to $450,000 in attorneys’ fees and costs.
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Public Interest Law Firm
Secures Final Approval of Class Action Settlement.
The original complaint was filed by Public Interest Law Firm in conjunction with Fenwick & West on February 15, 2005, for the County's alleged misuse and mismanagement of the Inmate Welfare Fund, a trust fund created by statute to be used for the benefit, education and welfare of the more than 4,000 people incarcerated in Santa Clara County jails. The complaint alleged that instead of using the fund for rehabilitative programs and services for inmates—including domestic violence classes, HIV/AIDS education, a parenting program, substance abuse rehabilitation, and an inmate literacy program—the County had diverted money from the fund to pay for guard salaries and other expenses that should be paid by the County from other sources.
Final approval of the Class Action settlement reached on January 24, 2008.
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