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PLRA-Based Garnishment Used to Collect Court Costs for Defendant
Loaded on June 15, 2001
published in Prison Legal News
June, 2001, page 29
The court of appeals for the Fifth Circuit has held that the method for garnishing a prisoner's trust fund set forth in the Prison Litigation Reform Act (PLRA) and codified at 28 U.S.C. §§ 1915(f)(2)(A), (B) and (b)(2), may be used to collect costs awarded to prevailing prison officials. Cleanard …
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More from this issue:
- Women Behind Bars, by Silja JA Talvi
- From the Editor, by Paul Wright
- Strikes Sweep Bolivian Prisons as Promise of Freedom Fades, by Julia Lutsky
- Custodial Rape of Female Prisoners Widespread in U.S., by Roger Smith
- Wrongfully Convicted Ohio Man Receives $250,000 Award
- Federal Court Partially Terminates New York Jail Consent Decree Relief
- Texas Prisoners Have Thirty Days to Sue Following Resolution of Grievance
- ADA Settlement at Washington Special Commitment Center, by Hank Balson
- Prisoners of the Census, by Tracy Huling
- Pro Se Tips and Tactics, by John Midgley
- Leave to Amend Complaint Wrongly Denied
- Failure to Notify Prisoner of Hearing Violates Procedural Rights
- Bid to Regain Family Visits Fails in California, by Willie Wisely
- Supreme Court Restricts ADA, by Roger Smith
- Louisiana Prison Activist Freed
- Arbitrary Denial of Michigan Appeal Bond Enjoined
- Costs Allowed Only by Court Order
- Second Circuit Holds Staged Perp Walks Unconstitutional, Grants Qualified Immunity
- $9.6 Million Awarded for Child Death in Illinois Jail
- No Forfeiture Notice Violates Due Process
- Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory
- Prisoner Defendants Entitled to Notice of Summary Judgment Requirements
- Texas Prisoners Have Liberty Interest in Mandatory Supervision
- Guards Use Shotguns to Control Riot
- Unlawful Imprisonment Nets Ohio Man $25,000
- Texas Prisoners Have Right to Appear at Civil Court Hearings
- Washington Media Royalties Sentencing Condition Reversed
- Prison Doctor Wins $654,471 in Retaliation Suit, by John E Dannenberg
- Minnesota Prison Cited For Asbestos Infractions
- Texas Prisoners May Challenge Discretionary Mandatory Release Procedures
- $3 Million Award Not Excessive in Prisoner Beating Death
- Suspicionless Maine Jail Strip Searches Set for Trial; Settles for $455,000
- PLRA-Based Garnishment Used to Collect Court Costs for Defendant
- Indiana Jail Settles Strip Search Case for $300,000
- News in Brief
- Harsh Hitching Post Treatment States Claim
- Ten Percent Prison Commissary Surcharge in New Jersey Upheld
- Statutory Authority Not Required to Levy Housing Costs
- Continuing California's Prison Interview Ban, by Willie Wisely
More from these topics:
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Eighth Circuit Rules Plaintiff Must Cover Expert Costs, July 1, 2026. Costs, Expert Witnesses, Bill of Costs.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- $450,000 Paid for Michigan Jail Detainee’s Fentanyl Death, Incarcerated Husband Prevails in Claim for Part of Payout, Feb. 1, 2026. Drug Overdose, Seizure of Prisoner Funds, Medical Neglect/Malpractice, Deliberate Indifference.
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026. Seizure of Prisoner Funds, Trust Accounts, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Over $222,000 in Legal Costs and Fees Awarded to HRDC in Florida Records Suit Against Centurion, Dec. 1, 2025. Attorney Fee Awards, Costs, Disclosure of Records, Public Records, Public Records Act.
- HRDC’s Washington Jail Debit-Release Card Suit Survives Summary Judgment, Nov. 1, 2025. Summary Judgment, Class Certification, Seizure of Prisoner Funds, Official Report, HRDC Litigation.

