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Ninth Circuit: Freezing Prisoner’s Funds Requires Pre-deprivation Process

Loaded on April 1, 2016 by Mark Wilson published in Prison Legal News April, 2016, page 52
Filed under: DOC/BOP misconduct, Seizure of Prisoner Funds, Qualified Immunity. Location: Oregon.

Prison officials must provide a pre-deprivation hearing before freezing substantial prisoner assets, the Ninth Circuit Court of Appeals held on April 6, 2015.

Under Oregon’s “pay-to-stay” law, prisoners are fully liable for their incarceration costs. The Oregon Department of Corrections (ODOC) calculates the incarceration cost by multiplying the daily cost …

 

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