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TAYLOR v. STATE OF RHODE ISLAND

No. 96-1002.

101 F.3d 780 (1996)

William L. TAYLOR, et al., Plaintiffs, Appellees, v. STATE OF RHODE ISLAND, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 4, 1996.

Attorney(s) appearing for the Case

Thomas A. Palombo, Special Assistant Attorney General, Providence, RI, argued (Jeffrey B. Pine, Attorney General, Rebecca Tedford Partington, Special Assistant Attorney General, and Ellen Evans Alexander, Deputy Chief Legal Counsel, on the brief), for appellants.

Richard A. Sinapi, Cranston, RI, argued (Sinapi Law Associates, Ltd. and American Civil Liberties Union, on the brief) for appellees.

Before TORRUELLA, Chief Judge, CYR, and CUMMINGS, Circuit Judges.

CYR, Circuit Judge.

The Rhode Island Department of Corrections ("Department") appeals from a district court judgment declaring ultra vires and unconstitutional the Department's application of a Rhode Island statute which would impose a monthly offender fee upon the appellees, all of whom were sentenced to probationary terms under Department supervision for criminal offenses committed prior to the effective date of...

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