×
You've used up your 3 free articles for this month. Subscribe today.
Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine
Loaded on July 15, 2003
by John E Dannenberg
published in Prison Legal News
July, 2003, page 4
by John E. Dannenberg
Filed under:
Sex Offenders (Discrimination),
Retaliation,
Retaliation for Litigating,
Complaints,
Seizure of Prisoner Funds,
Restitution,
Veterans.
Location:
New Jersey.
The Third Circuit US Court of Appeals held that a New Jersey statute providing for seizure of a prisoner's federal veterans' disability benefits check to pay a state restitution fine was void because federal law protecting those benefits preempted state law. The court further held that ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time
- Compensating the Wrongly Convicted, or Not, by Matthew Clarke
- Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine, by John E Dannenberg
- Dallas Police Convicted of Framing Drug Defendants, DA Refuses to Help Innocent Prisoners
- California Prison Guards' Attorneys Convicted in Dog Mauling, by Marvin Mentor
- Kansas Tobacco Smuggling Conviction Upheld
- From the Editor, by Paul Wright
- Mississippi Pays $6 Million for Empty Prison Bunks
- Over 100 Prisoners Exonerated Through DNA, Government Cuts Funding, by Rex Bagley
- $35,000 Settlement in New York Jail Cell Door Injury
- Arkansas Prison Must Pay for Kosher Meals
- HIV Infections, AIDS Deaths Down in U.S. Prisons
- No Right to Renounce Citizenship - U.S. Not "at War"
- Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings, by John E Dannenberg
- Eighth Circuit: BOP Prisoners Have No Liberty Interest in Visits
- Compelled Oral Sex Satisfies PLRA's "Physical Injury" Requirement
- $240,000 Settlement in Florida Juvenile Boot Camp Suicide, by Lonnie Burton
- Secretly Recorded California Jail Phone Conversations May Be Used to Convict, by John E Dannenberg
- California Ad Seg Requires Opportunity to Present Views, Gang Debriefing Upheld
- Appointment of Counsel in New Jersey Medical Suit
- Texas Guard Stabbing Prisoner Not State Action Under § 1983
- Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing
- Joinder of Georgia Annual Parole Hearing Injunction is Rejected
- Trial Required in Death of Mentally Ilil Nevada Detainee, 9th Circuit Reverses Summary Judgment
- Joinder of Georgia Annual Parole Hearing Injunction Is Rejected, by Paul Wright
- Expert Testimony Required to Prove Causation
- $22,500 Award Upheld in Texas Gang Assault Set-up by Guards, by John E Dannenberg
- Guard's Prior Misconduct Wrongly Excluded from Rape Trial
- Arizona Governor Must Personally Decide Prisoner Clemency Denials
- BOP Ban on R-Rated Movies Challenged, by James Quigley
- Favorable Termination Rule Inapplicable to Conditions Claims
- Gov. Ryan's Song, by Mumia Abu-Jamal
- Illinois Governor Commutes All Death Sentences, by Michael Rigby
- Gay Bashing Illinois Guards to Pay $65,000 for Savage Beating
- Houston Crime Lab Closed, Prisoner Freed, by Michael Rigby
- Washington Guards Shoot Now, Ask Questions Later, by Roger Smith
- Prompt Mental Health Services Ordered for Arkansas Pretrial Detainees, by John E Dannenberg
- Alabama DOC Settles Mental Health Class Action, by James Quigley
- California Governor Has Carte Blanche in Denying Lifer Paroles, by Marvin Mentor
- No Qualified Immunity When Denying Pain Medication
- U.S. Supreme Court Upholds Sex Offender Registration Laws
- Habeas Granted in BOP Good Time Case
- News in Brief
- No Administrative Exhaustion in Idaho Child Support Modification
- Consultants Do Not Insulate Officials from Kosher Diet Liability
- $13 Million Approved for Study of Prisoner Rape
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
- Review: “Reforming the Shadow Carceral State”, Aug. 1, 2025. Reviews, Criminal justice system reform, Seizure of Prisoner Funds, Fines.
- $815,000 Settlement in Nevada Class-Action Suit Over Debit Release Cards, Aug. 1, 2025. Money/Property, Seizure of Prisoner Funds, Trust Accounts.
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025. Retaliation, Court Access, Grievances, Mail.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025. Retaliation, Settlements, Defamation, Employment Deprivation.
- $95,000 in Settlements for Illinois Prisoners Retaliated Against for Class Participation in Prison Education Programs, July 15, 2025. Retaliation, Education, First Amendment, rights.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- $3.15 Million for Illinois Prisoner Raped by Guard and Then Denied “Boot Camp”, June 1, 2025. Staff-Prisoner Assault, Retaliation for Litigating, Prison Rape Elimination Act.
- $2.8 Million Settlement in National NUMI Debit Release Card Class Action, June 1, 2025. Release and Reentry, Money/Property, Seizure of Prisoner Funds, Prisoner Property, Trust Accounts.
- Wellpath Prepares Plan to Exit Bankruptcy, May 1, 2025. Private Contractors, Seizure of Prisoner Funds.