Court of Appeals of New York
Walton v. N.Y. State Dept. of Corr. Servs., 149
In an action alleging that the portion of a telephone charge for collect calls from inmates that was allocated as a commission to the department of corrections violated the New York Constitution, dismissal of the complaint is affirmed where: 1) the collection of the commission did not constitute a tax; 2) the practice was not a "taking" in the absence of government compulsion; and 3) plaintiffs failed to establish that the commission bore no reasonable relationship to legitimate penological aims.
Appellate Information
- Decided 11/23/2009
- Published 11/23/2009
Judges
Court
- Court of Appeals of New York