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Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit

Loaded on March 15, 2010 by Mark Wilson published in Prison Legal News March, 2010, page 46
Filed under: Disciplinary Litigation, Informants (Disciplinary Hearings), Legality of Rules, Witnesses (Disciplinary Hearings), Sanctions (Disciplinary Hearings), Injunctions, Mootness, Declaratory Judgment, Money/Property, Seizure of Prisoner Funds, Trust Accounts. Location: Pennsylvania.
In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a property interest. On remand, however, the district court decided that the violation of that right resulted in ...

 

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