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Ninth Circuit: Freezing Prisoner’s Funds Requires Pre-deprivation Process
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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More from this issue:
- Jailhouse Medicine - A Private Contractor Flourishes Despite Controversy Over Prisoner Deaths
- Massachusetts: Lawsuit Filed to Stop Dog Searches of Prison Visitors, by Joe Watson
- Excited Delirium Syndrome: Medical Condition or Cover-Up?, by David Reutter
- New Mexico: Sharon Jones’s Strep Death Among Shocking Prison Tragedies in Lawsuits
- South Carolina Sheriff Resigns, Pleads Guilty to DUI
- Medical Marijuana Use by Arizona Probationer Cannot Support Violation
- Federal Lawsuit Claims Negligence Caused Pennsylvania Prisoner’s Heroin Overdose Death, by Christopher Zoukis
- Irish High Court Bars Extradition of Terror Suspect to U.S., Citing Inhumanity of Solitary Confinement, by Derek Gilna
- $2.5 Million Settlement in North Carolina Prisoner’s Dehydration Death
- Court’s Gag Order in Michigan Jail Corruption Case Reversed
- Failure to Timely Assert Affirmative Defense in Responsive Pleading Constitutes Waiver
- Report Finds Shortcomings at Santa Clara County, California Jail, by Derek Gilna
- Tennessee Prisoner Awarded $60,000 for Guards’ Use of Excessive Force
- $3.5 Million for South Carolina Prisoner’s Death Due to Deliberate Indifference
- Deaf Prisoners Win Important Settlements in Kentucky and Maryland, by Derek Gilna
- Architects’ Ethics Panel to Consider Boycott of Execution Chambers and Prison Design, by David Reutter
- Pepper-spraying Sleeping Prisoner Unconstitutional, but Case Loses at Trial, by David Reutter
- “Fatal Neglect” Report Faults ICE Health Care for Deaths of Detained Immigrants, by Derek Gilna
- Ninth Circuit: Freezing Prisoner’s Funds Requires Pre-deprivation Process, by Mark Wilson
- Second Circuit Allows Muslim Prisoners’ Bivens Claims to Proceed, by Derek Gilna
- DOJ Settlement to Improve Conditions at Mississippi Juvenile Facility
- Colson Task Force Report Highlights BOP Issues, Makes Recommendations, by Derek Gilna
- Book Review: "Illegal to Legal: Business Success for (ex)Criminals, by R.L. Pelshaw", by Christopher Zoukis
- Lawsuit Claiming CMUs Lack Due Process on Appeal to D.C. Circuit, by Derek Gilna
- Delayed Washington Competency Evaluations and Treatment Violate Due Process, by Mark Wilson
- Sacramento County Settles Former Jail Prisoner’s Lawsuits for $3,800, by Matthew Clarke
- Privately-operated Texas Prison Rebounds, by Matthew Clarke
- Transparent Jumpsuit for Prison Transport May Violate Eighth Amendment
- Ninth Circuit: Improper ICE Detainer Constitutes Article III Injury, by Mark Wilson
- The Will of the People: Ex-prisoners Voted into Public Office, by Joe Watson
- California: Strip Searches of Prison Visitors No Longer Allowed
- Exonerated New York Prisoner Recovers $21.9 Million in Damages
- California Supreme Court Voids Ex Post Facto Sex Offender Residency Restrictions, by Derek Gilna
- Texas: $400,000 Settlement Award to Mentally Ill Jail Prisoner
- Lawsuits Challenge Release Debit Cards; Courts Rule Against Arbitration, by Derek Gilna
- Prison’s Censorship of Newsweek Upheld
- Sixth Circuit Allows Revival of Untimely Habeas Appeal Using Rule 60(b), by Matthew Clarke
- $550,000 Jury Award for Failure to Treat Prisoner’s Broken Jaw
- Kentucky Restores Voting Rights for Former Prisoners, then Reverses Course
- Defense Verdict in Kentucky Prisoner’s Death; Appellate Court Reverses, by David Reutter
- Seventh Circuit Reverses Dismissal of Terre Haute Prisoner’s FTCA Suit, by Derek Gilna
- $2.5 Million Award for Wrongfully Convicted Former Michigan Prisoner
- Ninth Circuit Rules Judge “Abused Discretion” in Imposing Abstinence as Supervised Release Condition, by Derek Gilna
- $360,000 Verdict Against Indiana Sheriff for Denying Prompt Court Hearings
- Deaths of Prisoners in Indiana, California and Arkansas Linked to Flu Virus, by Joe Watson
- Texas Disciplinary Appeals Board Upholds Disbarment of State Prosecutor
- $11.3 Million Jury Award for Former Colorado Jail Prisoner, by Matthew Clarke
- Lifetime Registration of Low-level Sex Offenders found Excessive, Unconstitutional in New Hampshire
- New Federal Law that Brands Sex Offenders’ Passports Faces Court Challenge, by Derek Gilna
- Use of Nutraloaf on the Decline in U.S. Prisons, by Christopher Zoukis
- Prisoners Hang Themselves in Sheriff Joe Arpaio’s Jails at a Rate that Dwarfs Other County Lockups, by Michael Lacey
- U.S. Supreme Court Reverses Idaho Supreme Court, Asserts “Federal Supremacy”, by Derek Gilna
- Texas Parole Records Mistake Could Cost Taxpayers Millions, by Gary Hunter
- 2015 Annual Anti-Private Prison Awards Announced
- Settlement in California Jail Suit Includes $4.8 Million in Attorney Fees, Costs, by Derek Gilna
- California Lifers Paroled in Record Numbers, by Christopher Zoukis
- D.C. Circuit Court Partially Stays FCC Order Capping Prison and Jail Phone Rates
- From the Editor, by Paul Wright
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- BOP Eases Money Grab from Federal Prisoners, Feb. 15, 2025. Seizure of Prisoner Funds, Restitution, Commissary, Bureau of Prisons (BOP), Changes by the BOP.
- Washington Spends Only Fraction of Fund to Improve Prisoner Welfare, Feb. 15, 2025. Seizure of Prisoner Funds, Kickback Scheme, Securus.
- BOP Shutters “Rape Club” in California, Director Peters Quits, Feb. 15, 2025. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Bureau of Prisons (BOP).
- Louisiana Prisoner Charged With Running Sports Gambling Operation, Feb. 15, 2025. Seizure of Prisoner Funds, Gambling Crimes, Tainted Funds.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- “Locked In, Priced Out”: Markups and Kickbacks in Prison Commissaries, Jan. 15, 2025. Food/Commissary (Private Prisons), Seizure of Prisoner Funds, Commissary.
- Georgia Prisoner Accused of Running $3.5 Million “Protection” Racket, Jan. 15, 2025. Seizure of Prisoner Funds, Threats.
- Details Vague on Spending from San Diego Jail Detainee Welfare Fund, Jan. 15, 2025. Food/Commissary (Private Prisons), Jail Misconduct, Seizure of Prisoner Funds, Commissary, Federal Funds.
- Kentucky Prisoners Take Advantage of Securus Software Glitch for $1 Million, Nov. 15, 2024. Electronic Tablets, Seizure of Prisoner Funds, Securus.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.