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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:
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- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- 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.
- $130,030 Jury Verdict for Connecticut Prisoner Subjected to Inhumane Conditions, July 1, 2026. Retaliation, Conditions of Confinement, Administrative Detention/Segregation, Prison Litigation Reform Act (PLRA).
- Pennsylvania Bungles Management at George W. Hill Prison after Taking Back Control from GEO Group, July 1, 2026. Classification, Retaliation, Conditions of Confinement, Guards/Staff, Prison Regulations.
- Oklahoma Jail Closes After $2.55 Million Payout for Retaliatory Strip Search, July 1, 2026. Retaliation, Strip Searches, Monell Liability, Wrongful Use of Force, Suspicionless Searches.
- Ninth Circuit Lets Stand Ruling That Federal Prisoners’ Gradually Accumulated Savings Are Subject to Restitution Turnover, June 1, 2026. Restitution, Trust Accounts, Statutory Construction/Interpretation, Fines.
- 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.