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Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA
Loaded on July 15, 2004
published in Prison Legal News
July, 2004, page 30
by Matthew T. Clarke The Supreme Court of Michigan (SCM) upheld a court's ordering a prisoner to have his pension benefits deposited in his prisoner account so that the state can seize a large portion of it to reimburse incarceration costs.
The Michigan State Treasurer filed a complaint in state …
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More from this issue:
- Abu Ghraib, USA, by Anne-Marie Cusac
- From the Editor, by Paul Wright
- Washington DOC Fined $60,000 for Bogus Water Pollution Reports
- Thirty Three Years after Attica: Many more Blacks in prison, but not as guards, by Peter Wagner
- Is It Criminal to Be a Muslim Civilian or Military Prison Chaplain?
- Supreme Court Holds Guantanamo Detainees Can Challenge Detention
- Virginia Prison Drives Women to Depression and Suicide, by Gary Hunter
- California Agrees to Provide Kosher Prison Diet Program, by John E Dannenberg
- Tennessee Prison Audit Blasts DOC, CCA and CMS, by Michael Rigby
- Oklahoma Man Misidentified as Pedophile Awarded $3.7 Million, by Michael Rigby
- Overcrowding Forces Alabama Prisoners Into Private Prison Web, by Gary Hunter
- Arizona Prisoners Seize Tower; State Officials Point Fingers, by Michael Rigby
- BJS Looks at Probation, Parole in 2002
- Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard, by Alex Coolman
- $3 Million in Settlements for Wrongful Illinois Convictions
- Record Number of "Lifers" Now in U.S. Prisons
- Florida Jail Pays Prisoner's Family $2.5 Million in Methadone Withdrawal Death
- BJS Finds Low Recidivism among Released Sex Offenders
- New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer
- $1.5 Million Verdict in NYC Jail Medical Malpractice Death
- Arizona Prison Director Has Poor Track Record, by Michael Rigby
- Private Probation Companies Prove Corrupt in Tennessee, by Gary Hunter
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- Warden Sentenced for Stealing Dali Painting From Rikers Island Jail
- California Class Action Lawsuit Targets Unauthorized Prison Phone Charges
- Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies, by David Reutter
- Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment, by Bob Williams
- Washington State Prison Continues To Pollute Local Environment Despite Repeated Citations, by John E Dannenberg
- Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA
- Failure to Treat Transsexual for Self-Mutilation States Claim
- Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed
- Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions
- Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality
- No PLRA Fee Cap When Injunctive Relief Obtained, by John E Dannenberg
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- Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served
- Oregon Trial in Prison Did Not Violate Constitution
- Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy
- California Sex Offender Prison Classification Label Approved for Dismissed Charge, by John E Dannenberg
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- Prisoner Allowed to Amend Retaliation, Legal Mail Complaint
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- District of Columbia May Be Liable for Prisoner's Inadequate Medical Care
- Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit, by John E Dannenberg
- Florida Prisoner Awarded Costs in Successful Records Request Litigation, by David Reutter
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More from these topics:
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- 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.
- 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.
- Former Prisoners’ Challenge to Virginia Constitution’s Felony Disenfranchisement Clause Allowed to Proceed, Nov. 1, 2025. Injunctions, Federal Statutory Law, Voting Rights Act, Sovereign Immunity, Constitutional Challenges/Law, Felon Disenfranchisement Statute, Prison Regulations.
- 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.
- $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.
- Bodycam Footage for Sale: Ohio Joins the List of States Charging Money for Bodycam Footage, While Others Restrict It Entirely, April 15, 2025. Videotaping, Costs, Seizure of Prisoner Funds, Funds for Investigative Services.
- Muslim Prisoners Face Price-Gouging, April 1, 2025. Religious Discrimination, Seizure of Prisoner Funds, Religious Practices, Religious Property.

