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No Mutual Assent Where Detainee Forced to Accept Release Card in HRDC Case
Loaded on Aug. 1, 2021
by David Reutter
published in Prison Legal News
August, 2021, page 60
Filed under:
Seizure of Prisoner Funds.
Location:
Washington.
by David M. Reutter
A Washington State federal district court found there was no mutual assent when a detainee who was issued a debit card in lieu of his monies upon release. The Court, therefore, denied the defendants’ motion to compel arbitration.
The Court’s June 2, 2021, …
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More from this issue:
- 25 Years of the Prison Litigation Reform Act, by John Boston
- From the Editor, by Paul Wright
- Investigation Finds “Deadly Delays” in Cancer Diagnosis at Washington State Prisons, by David Reutter
- Whistleblowers: Software Bug Keeping Hundreds of Arizona Prisoners Beyond Release Dates, by Jimmy Jenkins
- How Sheriffs Are Extracting Wealth from People in Jail, by Katie Jane Fernelius
- Illinois First State to Abolish Cash Bail, by Daniel A. Rosen
- CFPB and Three States Sue Over Predatory Immigrant Bail and GPS Scam, by David Reutter
- Smart Communications Contract Reveals Plans for Expanding Privatized Prison Mail, by Kevin Bliss
- Scores of Ecuadoran Prisoners Die in Coordinated Melees
- Florida Supreme Court Disbars Attorney For Making Sex Films in Jail Visiting Room, by Matthew Clarke
- Justice Delayed in California Jails: Lengthy Pretrial Imprisonment Common, by Daniel A. Rosen
- New York State Law Ends Long-Term Solitary Confinement in Prisons and Jails, by Matthew Clarke
- $1,000 Award to Ohio Prisoner for Violation of Public Records Act
- Resisting a Prison Without End, by Jayson Hawkins, Panagioti Tsolkas
- Seventh Circuit Says Racial Disparity Argument ‘Too Weak to Require Discussion’ in COVID-Related Motion for Compassionate Release, by David Reutter
- Ohio Enacts Criminal Justice Reform in 2020, by David Reutter
- Seventh Circuit Reinstates Illinois DOC Prisoner’s Suit Against Wexford Psychiatrist, by Matthew Clarke
- $1.65 Million Settlement for Family of Prisoner Killed at Rikers Island
- Sixth Circuit Reinstates Lawsuit Over Kentucky Jail Prisoner’s Suicide, by Matthew Clarke
- Rebellion at GEO-Run Prison in New Mexico
- Louisiana Law School Counts Deaths Behind Bars Because State Won’t, by Daniel A. Rosen
- NYC Department of Corrections Continued Noncompliance to Consent Decree and Spending Nearly Half A Million Dollars Per Prisoner in 2020, by Kevin Bliss
- $11,000 Recovery for Asthmatic Indiana Prisoner in Denial of Treatment After Cell Block Fire
- Second Circuit Holds Control Unit Placement for Former Death Row Prisoners Unconstitutional Bill of Attainder, by David Reutter
- Minnesota Mothers to Receive More Bonding Time with Their Newborn Children, by Kevin Bliss
- South Carolina to Use Firing Squads to Execute Prisoners, by Keith Sanders
- Medical Update: COVID is Not Over, by Michael D. Cohen, MD
- America’s Biggest Jails Are Frontline Environmental Justice Communities, by Adam Mahoney
- Planned Massive Shortfall in Funding to Maintain Minnesota Prisons, by Anthony Accurso
- Federal Judge Rejects BOP’s Attempts to Keep Videos of Force-Feeding Prisoners at ADX Secret, by Dale Chappell
- Florida Prisons Face Ongoing Staff Shortages Due to Low Pay And Long Hours, by David Reutter
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, by Derek Gilna
- U.S. Department of Justice Publishes Statistics on Prisoners’ Deaths, by Matthew Clarke
- Virginia Federal Court Sentences Former Superintendent of Rockbridge County Jail to 51 Months in Prison for Brutality and Corruption
- No Qualified Immunity for Oregon Prison Officials’ COVID-19 Response; Class Certified, by Mark Wilson
- Illinois Prisoner Gets Mixed Results in Appeal of Suit Against Wexford and Doctors, by David Reutter
- Report Shows Official Misconduct Responsible for More than Half of Exonerations, by Dale Chappell
- Seven Guards Fired After Prisoner Dies in TX Jail, by Keith Sanders
- Virginia Prison Guards Attack Prisoners with Dogs, by Keith Sanders
- Connecticut Makes All Prison Communications Free, Makes History, by Daniel A. Rosen
- Orange County California Jail Guard Investigated for Burning Mentally Ill Prisoner, by Daniel A. Rosen
- Potential Radioactive Exposure to Manatee County Jail Prisoners in Florida, by Kevin Bliss
- Change in Good Time Makes Tens of Thousands of California Prisoners Eligible for Release, by Matthew Clarke
- Anti-Parole Whistleblower Prompts Investigation of Virginia Parole Board, by Casey Bastian
- No Mutual Assent Where Detainee Forced to Accept Release Card in HRDC Case, by David Reutter
- California Juvenile Court Erred in Removing Child from Imprisoned Father’s Care
- $550,000 in Damages Ordered to Woman Prisoner Raped by New York Guard
- News in Brief
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.
- 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.
- 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.
- GTL, Co-Defendant Agree to $21.3 Million Settlement in Price-Fixing Lawsuit, April 1, 2025. Settlements, Seizure of Prisoner Funds, Telephone Rates, HRDC Litigation, Global Tel*Link Corp.

