New York Court of Appeals

In the Matter of Ivey Walton, Appellants v. New York State Department of Correctional Services, Respondent…

November 23, 200913 N.Y.3d 475

Summary

The New York Court of Appeals affirmed the Appellate Division’s dismissal of the appellants’ constitutional claims that the Department of Correctional Services’ commission on inmate telephone calls constituted an illegal tax, a taking, a violation of free speech/association, and an equal‑protection breach. The Court held the claims were not cognizable under the New York Constitution. The decision was joined by a concurrence that relied on the filed‑rate doctrine and a dissent that would reinstate the tax, taking and equal‑protection claims.