×
You've used up your 3 free articles for this month. Subscribe today.
Due Process Requires Notice Prior to Court-Ordered Deduction from Prisoners’ Accounts
Due Process Requires Notice Prior to Court-Ordered Deduction from Prisoners’ Accounts
by David Reutter
The Third Circuit Court of Appeals held on August 14, 2014 that prison officials must provide due process before seizing funds from prisoners’ institutional accounts to satisfy fines, restitution and other costs assessed …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Twenty-Five Years of Prison Legal News, by Paul Wright
- HRDC Litigation Project Update – 25th Anniversary Edition, by Lance Weber
- News in Brief
- Ohio Prisoner Represents Himself, Beats Attempted Murder Charges
- Dehydration Death of North Carolina Prisoner Prompts Investigations, Firings, Resignations, by Christopher Zoukis
- When is a Person too Insane to Execute?, by Matthew Clarke
- Disabled Minnesota Prisoner Settles Discrimination Lawsuit for $10,000, Other Relief, by Robert Warlick
- Convictions Affirmed for Two Former Rhode Island Guards Who Assaulted Prisoners
- Maryland County Jail Guards Receive Rights Mirroring Those of State Prison Guards
- $500,000 Settlement in Georgia Prisoner’s Death while on Work Crew
- Easing Residency Restrictions Helps Curb Homelessness Among Registered Sex Offenders, by Matthew Clarke
- Former Prisoner Receives $50,000 Settlement for Beating by Ohio Jail Guard, by Derek Gilna
- First Circuit Vacates Massachusetts Prisoner’s $325,956.36 Damages, Attorney Fee Award, by Matthew Clarke
- Due Process Requires Notice Prior to Court-Ordered Deduction from Prisoners’ Accounts, by David Reutter
- California Pays $585,000 to Settle Suit by Prisoner Who Lost Eye Due to Poor Medical Care, by Michael Brodheim
- Iowa DOC May Not Switch Administrative Law Judges in Mid-Disciplinary Process, by Matthew Clarke
- The Wal-Mart Model: Not Just for Retail, Now It’s for Private Prisons Too!, by Carl Takei
- Fifth Circuit Reinstates Dallas County Jail Excessive Force Suit, by Matthew Clarke
- Prisoner Files Lawsuit after Being Pepper Sprayed in Restraint Chair, by Derek Gilna
- $50,000 Settlement for Prisoner’s Suicide at Iowa County Jail, by Gary Hunter
- Maine Sheriff, Mired in Controversy, Defeated in Re-election Bid
- Georgia Jail Pays $937,500 in Wrongful Death Settlement
- Former Prisoner Left Blind by Assault Obtains Reversal of FTCA Claim, by David Reutter
- Seventh Circuit Orders New Trial due to Shackling of Prisoner Plaintiff, by Lonnie Burton
- New Jersey, Ohio DOCs Significantly Reduce Phone Rates
- $7,500 Award for Ohio Prisoner in Slip and Fall Accident, by David Reutter
- Exonerated Colorado Prisoner Receives $1.2 Million under New Compensation Law, by Joe Watson
- Accuracy of Widely-Used Polygraph Machine Under Fire, by Derek Gilna
- The Persistence of Mass Incarceration, by James Kilgore
- Lifetime GPS Monitoring of Sex Offenders Upheld in South Carolina, by Lonnie Burton
- Oregon Mental Patient’s Death Nets $1.4 Million, by Mark Wilson
- Oregon Parole Board Orders Must Explain Decisions, but Orders Defined to Include Administrative Review Responses, by Mark Wilson
- Human Rights Groups, Environmentalists Oppose New Federal Prison on Former Coal Mine in Kentucky, by Panagioti Tsolkas
- Ninth Circuit Upholds $106,000 in Damages Plus Attorney Fees for Withheld Evidence, by Mark Wilson
- ICE Settles New York Immigration Raid Lawsuit for $1 Million, by Matthew Clarke
- California Probation Cannot Exceed Maximum for Unpaid Restitution, by Mark Wilson
- From the Editor, by Paul Wright
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
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.
- 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.
- 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.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- 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.
- Jailhouse Lawyer Gets 16-1/2-Year Sentence for Defrauding Prisoner “Clients”, Nov. 1, 2025. Prisoner Legal Assistance, Restitution, Forfeiture, Revocation/Modification of Probation, etc., Fraud and Deceit, Conditions of.
- 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.