HOLLY v. STATE

No. 1 CA-CV 99-0225.

18 P.3d 152 (2001)

199 Ariz. 358

Charles HOLLY, an adult individual, Plaintiff-Appellant, v. STATE of Arizona, a body politic, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

February 8, 2001.


Attorney(s) appearing for the Case

Zachar & Doughty, Phoenix, by Christopher J. Zachar, Attorneys for Plaintiff-Appellant.

Janet Napolitano, Attorney General, Phoenix, by James R. Morrow, Assistant Attorney General, Attorneys for Defendant-Appellee.


OPINION

FIDEL, Judge.

¶ 1 Under A.R.S. § 31-238(D)(1996), the State may set off the cost of incarcerating a prison inmate if the inmate recovers a damage award against the State, but the statute exempts 20 percent of the inmate's recovery from the setoff. We consider in this appeal whether the statute violates the anti-abrogation clauses of the Arizona Constitution and, if not, whether computation and deduction of the setoff precedes or follows...

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