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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 …
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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:
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Arkansas Board of Corrections Settles Sunshine Law Charges, Caving to Governor’s Power Grab, May 1, 2026. Retaliation for Litigating, State Legislation, Public Records Act, Constitution, state, Community Confinement/Home Detention.
- $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.
- SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections, Feb. 1, 2026. Ex Post Facto, Restitution, Constitution, U.S., Statutory Construction/Interpretation.
- 2025 Was a Deadly Year for Veterans Behind Bars, Jan. 1, 2026. Brain Injury, Death Penalty, Mental Health, Veterans, Mental Health Experts.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, 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.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Arkansas “Jailhouse Attorney” Secures Return from Retaliatory Transfer Out of State, Dec. 1, 2025. Out of State Transfers, Retaliation for Litigating, Prisoner Legal Assistance, Religious Practices, Religious Land Use and Institutionalized Persons Act (RLUIPA).

