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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 at sentencing.
Before ...
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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
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- 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
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More from David Reutter:
- California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in, Sept. 1, 2024
- BOP is Holding 12,000 Prisoners in Solitary Confinement, Aug. 15, 2024
- Florida Court Strikes $10 Million of $16 Million Judgment Against Armor Correctional Health in Jail Death, Aug. 15, 2024
- Settlements Total $3.85 Million for Nevada Prisoners Hit with Birdshot, Aug. 15, 2024
- $11 Million Settlement for Exonerated Michigan Prisoner, Aug. 15, 2024
- Condemned Alabama Prisoner Challenges Execution by Nitrogen Hypoxia, Aug. 15, 2024
- Bar Complaint Revives 10-Year-Old Question: Why No Charges Filed Against Florida Guards Who Killed Prisoner?, Aug. 15, 2024
- Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad, Aug. 1, 2024
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, Aug. 1, 2024
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, July 15, 2024
More from these topics:
- Report Finds Exploitative Disciplinary Fines in One-Third of U.S. Prison Systems, Aug. 15, 2024. BOP Litigation Reports, Seizure of Prisoner Funds, Fines.
- Colorado Lawmakers Take a Pass on Cash Assistance for Released Prisoners, Aug. 15, 2024. Seizure of Prisoner Funds, Post-release, ex-offender, re-entry.
- Criminalizing Poverty Drives Mass Incarceration in Kentucky, Washington, Aug. 15, 2024. Seizure of Prisoner Funds, Socio-Economic Status, Effects of Mass Incarceration.
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, July 1, 2024. Money/Property, Seizure of Prisoner Funds.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- Arizona Sheriff Accused of Misusing Detainee Funds to Buy Guns, Ammo, May 1, 2024. Police Misconduct, Money/Property, Seizure of Prisoner Funds, Commissary, Police/Govt Misconduct.
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care, May 1, 2024. Medical, Seizure of Prisoner Funds, Booking Fees.
- $11.6 Million Settlement Reached in HRDC Debit Release Card Case in Washington; California Victory Remanded, April 1, 2024. Seizure of Prisoner Funds, HRDC Litigation.
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, March 1, 2024. Disciplinary Hearings, Hearing Officers, Seizure of Prisoner Funds.
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, Feb. 1, 2024. Seizure of Prisoner Funds, Restitution, Trust Accounts.