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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.
Before the ...
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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 Beryl Lipton, Cooper Quintin
- 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 Jenifer Lockwood, Panagioti Tsolkas
- 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 Keith Sanders, Ashleigh Dye, Matthew Clarke, Kevin Bliss
- Seventh Circuit Affirms Use Of “Some Evidence” Standard in Reviewing Federal Prisoner’s Disciplinary Violations, by Anthony Accurso
- After $10 Million Settlement in Pennsylvania Jail Mugshot Class-Action, Fewer-Than-Expected Claims Leave Windfall for Expungement Program, by David Reutter
- 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
- Florida and California Experiments Use Direct Cash Assistance to Newly Released Prisoners to Combat Recidivism, by Mark Wilson
- $350,000 Paid to Victim Beaten in Jail by California Sheriff’s Deputy, by Benjamin Tschirhart
- 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
- HRDC Sues Indiana Sheriff Over Censorship at County Jail, by Chuck Sharman
- Arizona Supreme Court Clarifies Rules for Asserting Attorney-Client Privilege for Communications from Jail, Including Texts Using Tablets, by Matthew Clarke
- 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
- News in Brief
- Mentally and Physically Disabled Texas Woman Hospitalized After Mistreatment at Jail, by Ashleigh Dye
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Pay-for-Play Tablets: The Costly New Prison Paradigm, March 1, 2025. Food/Commissary (Private Prisons), Electronic Tablets, Seizure of Prisoner Funds, Telephone Rates, Tapes/Music, Securus, Global Tel*Link Corp.
- Pennsylvania County Forgives $65 Million in Jail Pay-to-Stay Fees, March 1, 2025. Seizure of Prisoner Funds, Booking Fees.
- 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.
- Louisiana Prisoner Charged With Running Sports Gambling Operation, Feb. 15, 2025. Seizure of Prisoner Funds, Gambling Crimes, Tainted Funds.
- Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail, Jan. 15, 2025. Rehabilitation/Recidivism, Rehabilitation Act, Veterans.
- “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.