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Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
Loaded on June 5, 2014
published in Prison Legal News
June, 2014, page 10
Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
In an unpublished ruling, the Ninth Circuit Court of Appeals reversed a federal district court’s sua sponte dismissal of a California prisoner’s claims that prison officials improperly removed money from his trust account without adequate due ...
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More from this issue:
- Consequences of California’s Realignment Initiative, by Christopher Petrella
- Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania, by David Reutter
- Seventh Circuit: Jail Social Worker Ignored Detainee’s Suicide Risk
- Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program, by David Reutter
- For Sale: New York Lakefront Property with Garage, Pig Farm and 736 Prison Cells
- Ohio Community Corrections Program Hires Former Prisoners to Work at Supermax
- Prison Officials Praise Industry Programs Despite Downsides, by David Reutter
- Florida Guards Sentenced in Bribery Scheme
- D.C. Circuit Reinstates Prisoner’s FOIA Suit, by Derek Gilna
- Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment, by David Reutter
- CCA Guard Killed During Riot was on Prisoners’ “Hit List”, by Matthew Clarke
- Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction, by David Reutter
- Bureau of Prisons Mistakenly Served Meat Intended as Pet Food, by Derek Gilna
- European Court of Human Rights Ruling Rebukes U.S. Prison System, by Derek Gilna
- DOJ Intervenes in Class-action Suit Challenging New Orleans Jail Conditions; Consent Judgment Entered, by David Reutter
- 5.85 Million People Disenfranchised in Supposedly Democratic America, by David Reutter
- Arkansas Jail Prisoner Can Proceed on Failure to Protect Claim Against Guard, by David Reutter
- Washington Appellate Court Addresses Right to Public Hearings in Civil Cases, by Mark Wilson
- California: Lack of Insight Cannot be Inferred when Prisoner Accepts Responsibility for Crime and Expresses Genuine Remorse, by Michael Brodheim
- Second Circuit: RLUIPA Disallows Individual Capacity Suits, by David Reutter
- Ninth Circuit: Heck Allows § 1983 Parole Condition Challenges, by Mark Wilson
- Oregon Garnishment Exemption Protects Funds in Prisoners’ Accounts, by Mark Wilson
- California’s Lethal Injection Protocol Deemed Invalid by State Court, by Michael Brodheim
- Utah Prisoner Awarded $200 for Violation of Religious Rights
- Seventh Circuit: Atheism Considered a Religion; Survey of Prisoner Interest Required, by Mark Wilson
- Scared Straight Programs Remain Popular Among Parents Despite Warnings, by Elly Yu
- U.S. Citizens without Remedy in Military Torture Case, by Derek Gilna
- Ex-football Star Exonerated a Decade after Rape Conviction
- Despite Reforms, Juvenile Offenders in Texas Remain Endangered, by Matthew Clarke
- Jails Face Backlash, Class-action Lawsuits Over Debit Card Fees, by Matthew Clarke
- Lawsuits Challenge Conditions at Tennessee Jail; Five Charged in Bribery and Smuggling Scheme
- Are We Really Witnessing the End of Mass Incarceration?, by James Kilgore
- Florida Prisoner Awarded $1.2 Million for Burn Injuries
- From the Editor, by Paul Wright
- Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
- News in Brief
More from these topics:
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, July 1, 2024. Money/Property, Seizure of Prisoner Funds.
- Seventh Circuit Lets Illinois Prisoner Proceed In Forma Pauperis, Despite Trust Account Balance Exceeding Filing Fee, May 1, 2024. Trust Accounts, In Forma Pauperis.
- 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.
- Commissary and Food Service Privatization Strands Florida Prisoners in ‘Food Desert’, Feb. 1, 2024. Private Prisons, Food/Commissary (Private Prisons), PRIDE, Aramark, Food, State Law Claims, Trust Accounts, Commissary.
- 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.
- After Winning $15,000 Settlement, California Trans Prisoner Forces CDCR to Replace Missing Trust Account Deposits, Dec. 1, 2023. Retaliation for Filing Grievances, Grievances, Seizure of Prisoner Funds, Transgender.
- Minnesota Makes All Calls Free in Prisons and Jails, Nov. 15, 2023. Seizure of Prisoner Funds, Telephone Rates, Family, Securus, Global Tel*Link Corp.