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Federal Judge Allows Retroactive Benefit Reduction for Incarcerated Veteran
by David M. Reutter
On January 20, 2022, the U.S. Court of Appeals for the Federal Circuit held that the Department of Veterans Affairs (VA) may make a post-incarceration decision to reduce benefits retroactively for a veteran imprisoned over the statutory minimum period, which is currently 60 days.
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More from this issue:
- Seventh Circuit Says No Evidence Illinois Prisoner Lied About Endangerment to Circumvent PLRA’s Three-Strikes Rule, by Matthew Clarke
- The Filth & the Fury: Philly Jails Descend into Murderous Chaos, by J.D. Schmidt
- From the Editor, by Paul Wright
- $1,425,000 Paid to Epileptic Illinois Detainee Denied Medication Who Suffered Seizure and Fell From Upper Bunk in Jail, by Jayson Hawkins
- Three Killed in Gang Activity at Mississippi Private Prisons Plus High-Profile Escape, But Only One MTC Guard Arrested, by Kevin Bliss
- Federal Judge Allows Retroactive Benefit Reduction for Incarcerated Veteran, by David Reutter
- The Catalog of Carceral Surveillance: Prison Gaming and AR/VR Services, by Cooper Quintin, Beryl Lipton
- California Appellate Court Reverses $2.7 Million Award for Wrongful Death of Woman Murdered by Grandson on Parole, by Jacob Barrett
- Ninth Circuit Strikes Nevada Ban on Muslim Prisoner’s Scented Prayer Oil, Allows Conditions-of-Confinement Claim Also to Proceed, by Mark Wilson
- Nakamoto Group Accused of Rubber-Stamping ICE Facility Inspections, by Alan Gaynor
- The Prisoner-Run Radio Station That’s Reaching Men on Death Row, by Keri Blakinger
- ACLU Wins FOIA Case at Michigan Supreme Court, Which Says Records May Be Exempted Only by Statute, Not Regulation, by David Reutter
- Floridians Face Prison for Voting from Jail, by Panagioti Tsolkas, Jenifer Lockwood
- Tenth Circuit Reinstates Federal Prisoner’s Claim Against BOP Over Denial of Muslim Group Prayer Five Times a Day, by Matthew Clarke
- Reinstating Suit by Louisiana Detainee’s Mother Over His Jail Suicide, Fifth Circuit Schools Lower Court in Meaning of “Standing”, by Matthew Clarke
- Vermont Supreme Court Keeps State Prisoner’s Challenge Alive to DOC’s Use of Expunged Convictions in Classification Decision, by Matthew Clarke
- $825,000 Paid to Estate of New Mexico Jail Detainee Who Died from Heroin Withdrawal, by Matthew Clarke
- Oregon Prison Superintendent Pleads Guilty to Drunk Driving and Interfering With Arrest, by Panagioti Tsolkas
- Eleventh Circuit Denies Qualified Immunity to Jail Guards Who “Did Nothing” in Face of Florida Detainee’s Suicide Threats, by David Reutter
- New York OIG Report Reveals 1,600 State Prisoners Punished Over Faulty Drug Tests, by Anthony Accurso
- $1.4 Million Paid by King County, Washington to Settle Juvenile Solitary Confinement Class Action, by Mark Wilson
- A First Glance in Rear-View Mirror at Pandemic, by Kevin Bliss, Matthew Clarke, Ashleigh Dye, Keith Sanders
- After $10 Million Settlement in Pennsylvania Jail Mugshot Class-Action, Fewer-Than-Expected Claims Leave Windfall for Expungement Program, by David Reutter
- Seventh Circuit Affirms Use Of “Some Evidence” Standard in Reviewing Federal Prisoner’s Disciplinary Violations, by Anthony Accurso
- Kentucky Judge Gives Ex-Jail Guard Convicted of Sexually Assaulting Prisoner Chance to Re-Enlist in Army to Avoid Jail Time, by Keith Sanders
- $177,500 in Settlements Reached with Detainees Assaulted by Guards at Pennsylvania Jail, by Ashleigh Dye
- HRDC Sues Centurion for Records Related to Vermont Prisoner Care, by David Reutter
- $350,000 Paid to Victim Beaten in Jail by California Sheriff’s Deputy, by Benjamin Tschirhart
- Florida and California Experiments Use Direct Cash Assistance to Newly Released Prisoners to Combat Recidivism, by Mark Wilson
- Oregon Court Rules Prisoner’s Admissions in Disciplinary Hearing Violate Miranda, But Harmlessly, by Jacob Barrett
- $35,000 Settlement Paid by California County After Jail Death of Elderly, Mentally Ill Detainee, by Benjamin Tschirhart
- Celebrity Prisoners Profit from NFT Sales of Their Work While Incarcerated, by Edward Lyon
- Idaho Supreme Court Finds Ladderless Bunks a “Sound Discretionary Decision,” But Says Resulting Injury Could Give Rise to Negligence Claim, by Jacob Barrett
- $40,000 Settlement Reached in HRDC Challenge to Nebraska Prison Censorship Policy, by David Reutter
- Arizona Supreme Court Clarifies Rules for Asserting Attorney-Client Privilege for Communications from Jail, Including Texts Using Tablets, by Matthew Clarke
- HRDC Sues Indiana Sheriff Over Censorship at County Jail, by Chuck Sharman
- Final Settlement Agreement Approved in COVID-19 Class Action at California Immigration Detention Center, by Matthew Clarke
- Settlement Improves ADA Accessibility Features, Health Care and Training in Florida Prisons, by Kevin Bliss
- Ohio Supreme Court Partially Reinstates Prisoner’s Pro Se Public Records Request, Sets Damages for Denial at $1,000, by Matthew Clarke
- Life Sentences Commuted for Two Massachusetts Prisoners Convicted of First-Degree Murder, by Keith Sanders
- Mentally and Physically Disabled Texas Woman Hospitalized After Mistreatment at Jail, by Ashleigh Dye
- 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.
- 2025 Was a Deadly Year for Veterans Behind Bars, Jan. 1, 2026. Brain Injury, Death Penalty, Mental Health, Veterans, Mental Health Experts.
- 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.

