Author, Speaker, Advocate for Children of Incarcerated Parents

Legal Loopholes

My ex-husband, Joseph Cua, as an indigent at a maximum security prison, serving two life sentences without the possibility of parole for a vicious double homicide, has full legal rights to attack my family in family and civil court, costing us unimaginable additional emotional and financial hardship, in order to keep us from losing by default in court. His endless filings, and the unending mailings from him, cause trauma to each of us. We are obligated to open what he sends, fearing the worst, that each may hold yet another complaint, another demand, another request for a hearing, an appeal, an unlimited civil suit. His legal rights keep us under his absolute control. We are not given the opportunity to begin the healing process, despite every effort we make in trying to move on with our lives, in light of what he forced us to endure.

If every prisoner in California filed what Joseph has filed over the past five years, using fee waivers from behind bars as Joseph has, California taxpayers would be responsible for the $265,822,835.00  in fee waivers these prisoners would benefit from, as indigents.  1)

If those same 168,830 inmates filed an unlimited civil suit against two innocent persons on the outside, as Joseph has also done, the fees California would collect from the filing fees charged to the innocent respondents, California would have a financial gain of $119,869,300.

1)      Based on total California Department of Corrections inmate population being 168,830 on Dec 31, 2009, as reported here: Department of Corrections and Rehabilitation, Offender Information Services Branch, Estimates and Statistical Analysis Section, Data Analysis Unit, Sacramento, CA, 2010.  California Prisoners and Parolees, 2009. p. 17.


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