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Garnishment Action in Federal Court to Collect Jury Award was Improper

Loaded on Dec. 7, 2018 published in Prison Legal News December, 2018, page 55
Filed under: Guard Misconduct, Money/Property, Eleventh Amendment Immunity. Location: Georgia.

The Eleventh Circuit Court of Appeals held that garnishment actions are “suits” for Eleventh Amendment purposes. That holding compelled the appellate court to find a prisoner could not pursue a garnishment motion in federal court to redirect funds to satisfy a $200,000 judgment against a Georgia state prison guard.

David ...

 

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