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Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
Loaded on June 5, 2014
published in Prison Legal News
June, 2014, page 10
Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
In an unpublished ruling, the Ninth Circuit Court of Appeals reversed a federal district court’s sua sponte dismissal of a California prisoner’s claims that prison officials improperly removed money from his trust account without …
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More from this issue:
- Consequences of California’s Realignment Initiative, by Christopher Petrella
- Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania, by David Reutter
- Seventh Circuit: Jail Social Worker Ignored Detainee’s Suicide Risk
- Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program, by David Reutter
- For Sale: New York Lakefront Property with Garage, Pig Farm and 736 Prison Cells
- Ohio Community Corrections Program Hires Former Prisoners to Work at Supermax
- Prison Officials Praise Industry Programs Despite Downsides, by David Reutter
- Florida Guards Sentenced in Bribery Scheme
- D.C. Circuit Reinstates Prisoner’s FOIA Suit, by Derek Gilna
- Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment, by David Reutter
- CCA Guard Killed During Riot was on Prisoners’ “Hit List”, by Matthew Clarke
- Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction, by David Reutter
- Bureau of Prisons Mistakenly Served Meat Intended as Pet Food, by Derek Gilna
- European Court of Human Rights Ruling Rebukes U.S. Prison System, by Derek Gilna
- DOJ Intervenes in Class-action Suit Challenging New Orleans Jail Conditions; Consent Judgment Entered, by David Reutter
- 5.85 Million People Disenfranchised in Supposedly Democratic America, by David Reutter
- Arkansas Jail Prisoner Can Proceed on Failure to Protect Claim Against Guard, by David Reutter
- Washington Appellate Court Addresses Right to Public Hearings in Civil Cases, by Mark Wilson
- California: Lack of Insight Cannot be Inferred when Prisoner Accepts Responsibility for Crime and Expresses Genuine Remorse, by Michael Brodheim
- Second Circuit: RLUIPA Disallows Individual Capacity Suits, by David Reutter
- Ninth Circuit: Heck Allows § 1983 Parole Condition Challenges, by Mark Wilson
- Oregon Garnishment Exemption Protects Funds in Prisoners’ Accounts, by Mark Wilson
- California’s Lethal Injection Protocol Deemed Invalid by State Court, by Michael Brodheim
- Utah Prisoner Awarded $200 for Violation of Religious Rights
- Seventh Circuit: Atheism Considered a Religion; Survey of Prisoner Interest Required, by Mark Wilson
- Scared Straight Programs Remain Popular Among Parents Despite Warnings, by Elly Yu
- U.S. Citizens without Remedy in Military Torture Case, by Derek Gilna
- Ex-football Star Exonerated a Decade after Rape Conviction
- Despite Reforms, Juvenile Offenders in Texas Remain Endangered, by Matthew Clarke
- Jails Face Backlash, Class-action Lawsuits Over Debit Card Fees, by Matthew Clarke
- Lawsuits Challenge Conditions at Tennessee Jail; Five Charged in Bribery and Smuggling Scheme
- Are We Really Witnessing the End of Mass Incarceration?, by James Kilgore
- Florida Prisoner Awarded $1.2 Million for Burn Injuries
- From the Editor, by Paul Wright
- Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
- News in Brief
More from these topics:
- $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.
- 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.
- $1.8 Million Settlement Reached Following CDCR Data Breach, Nov. 1, 2025. DOC/BOP misconduct, Medical Records, Settlements, Class Certification, Disclosure of Records, Class Notice, Public Records, Restitution, Trust Accounts.
- 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.