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Seizure of Trust Account Interest Violates Takings Clause
Loaded on April 15, 1999
published in Prison Legal News
April, 1999, page 26
The Court of Appeals for the Ninth Circuit held that prisoners possess a constitutionally protected property interest in the interest earned on prisoner trust accounts. The California Department of Corrections, (CDC), has established two separate types of trust accounts that prisoners may place their funds into during incarceration. The first, ...
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More from this issue:
- The Mental Torture of American Prisoners: Cheaper Than Lab Rats, Part 2, by Hans Sherrer
- Medical Care Unconstitutional in Puerto Rico Prisons
- From the Editor, by Paul Wright
- PLN Sues Michigan DOC over Censorship of The Celling of America
- Michigan Department of Corrections Fined $300,000 in Contempt Case
- Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles
- Jailhouse Journalism: The Fourth Estate Behind Bars by James McGrath (Book Review), by Paul Wright
- Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review), by Alex Friedmann
- PLRA Exhaustion Requirement Not Retroactive
- PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit
- Eighth Circuit Upholds, Defines IFP Provisions
- IFP Application Not Required When Suit Filed
- Physical Injury Requirement Not Retroactive
- No Leave to Amend Complaint for IFP Litigants
- PLRA Doesn't Ban Class Actions
- Trouble in Mind: ADX – The Fourth Year, by Ray Luc Levasseur
- Daring Death Row Escape Shakes up Texas
- Oregon "Predatory Sex Offender" Label Requires Notice and Hearing
- De Facto Ban on Live Testimony Unconstitutional
- South Carolina Parole Elimination Violates Ex Post Facto
- Illegal Detention Violates Substantive Due Process
- Jury Awards $8,000 in California Prison Assault
- New York Prisoners Have Right to Staff Assistance and Witness Testimony
- Seventh Circuit Defines Court Access Claims Involving Property
- Failure to Give Summary Judgement Notice is Reversible Error
- Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners
- No Appeal Allowed in Louisiana Consent Decree Dissolution
- U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence
- Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection
- $45,000 Award in BOP Tort Claim Medical Neglect Suit
- Released Sex Offender Not "In Custody" for Habeas
- New York Jail Brutality Suit Settled for $3,500
- Timothy "Little Rock" Reed Released on Parole
- $1,500 in Disabled Prisoner Work Suit
- $355,000 Verdict in New York Asthma Death
- Mauro Vacated for Rehearing
- Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983
- BOP Violent Offender Notification Policy Overinclusive
- Twenty-Four Hour Notice of Disciplinary Charges Required
- Seizure of Trust Account Interest Violates Takings Clause
- Denial of Handicapped Jail Facilities Set for Trial
- News in Brief
- Cane Seizure Can Violate Eighth Amendment
- $250,000 FTCA Beating Judgment Reversed
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.
- 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.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- $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 Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, March 1, 2024. Disciplinary Hearings, Hearing Officers, Seizure of Prisoner Funds.