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Eighth Circuit Pulls BOP’s Hand Out of Prisoner’s Pocket Accumulated Prison Wages Not “Substantial Resources” Under Mandatory Victim Restitution Act
Loaded on July 15, 2022
by Casey Bastian
published in Prison Legal News
July, 2022, page 54
Filed under:
Seizure of Prisoner Funds.
Location:
United States of America.
by Casey J. Bastian
In a decision published on January 10, 2022, the U.S. Court of Appeals for the Eighth Circuit ruled that accumulated prison wages constitute neither “substantial resources” nor a “material change” to a prisoner’s resources that would allow the federal Bureau of Prisons (BOP) to confiscate them ...
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More from this issue:
- Suit Over California Detainee’s Suicide Survives Corporate Shell Game by Wellpath and HIG Capital, by Jacob Barrett
- Seventh Circuit Reiterates That Threats and Withholding Grievance Forms Render Administrative Remedies Unavailable to Prisoner, by Mark Wilson
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, by David M. Reutter
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, by David M. Reutter
- “The Worst Kind of Work” Thai Prisoners Forced into Labor, Often Without Pay, by Edward Lyon
- Washington DOC Ends Use of Solitary Confinement (Sort of), by Jacob Barrett
- Supreme Court Passes on Case of New York Sex Offender Imprisoned Past Release Date for Lack of Compliant Housing, by Jory Smith, Chuck Sharman
- The Catalog of Carceral Surveillance: Monitoring Online Purchases of Inmates’ Family and Friends, by Beryl Lipton, Cooper Quintin
- Eighth Circuit Reinstates Arkansas Prisoner’s Claim Over DOC’s Failure to Maintain Hearing Aids, by Matthew Clarke
- Class of Juvenile Prisoners Certified in Suit Against Florida DOC, by Kevin Bliss
- Sixth Circuit Reinstates Suit of Kentucky Jail Detainee Impregnated by Guard, Finds Genuine Factual Dispute Over Consent, by Matthew Clarke
- Former Arizona Corrections Chief Indicted After Drunken Armed Standoff with Tempe Police, by Jo Ellen Nott
- The Impact of Criminalizing Abortion on Prisoners and Mass Incarceration, by Paul Wright
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, by David M. Reutter
- Virginia DOC’s Interference Hamstrings Local and Regional Jail Board, by Kevin Bliss
- Oregon Nurse Federally Charged With Raping Prisoners After State Prosecutors Declined to Prosecute, by Mark Wilson
- $1 Million Paid After Indiana Jailers Fatally Beat and Taser Detainee, But Prosecutor Finds No Crime, by Benjamin Tschirhart, Keith Sanders
- “One of the Most Egregious Violations of Church-State Separation” Prisons Welcome Fundamentalist Christian Education Programs Despite Conflicts with the Constitution, by Jacob Barrett
- Illinois Counties Fail in Challenge to State Statutory Ban on ICE Detention Contracts, by Matthew Clarke
- Federal Judge Allows Wiretapping Case to Proceed Against CoreCivic for Recording Attorney-Client Conversations at Nevada Prison, by Kevin W. Bliss
- BOP Guard Terminated for Making Prisoner Do His Work, Union Blames Staff Shortages, by Casey Bastian
- Eighth Circuit Pulls BOP’s Hand Out of Prisoner’s Pocket Accumulated Prison Wages Not “Substantial Resources” Under Mandatory Victim Restitution Act, by Casey Bastian
- Massachusetts Supreme Court Continues Trend of Easing Prison COVID-19 Protocols, by Edward Lyon
- Seventh Circuit Clarifies Calculation of Presumptive Parole Date for Federal Prisoner Sentenced Under Pre-1987 Law, by Anthony W. Accurso
- COVID-19’s Impact on Prisoners Far Worse Than It Needed to Be, by Edward Lyon, Kevin Bliss
- After Lengthy HRDC Litigation, GEO Group Gives Up Documents Revealing $10 Million Settlement for Death of Texas Prisoner, by Matthew Clarke
- $150,000 Class-Action Settlement Reached Over Massive Scabies Outbreak at CoreCivic Tennessee Jail, by Jacob Barrett
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, by David M. Reutter
- Oregon Judge Invalidates Governor’s Clemency Grant to Dozens Sentenced to Life as Juveniles, Halting Parole Hearings, by Mark Wilson
- Nebraska Prison Staffing Crisis Sees Supervisors Take Demotions to Get Hourly Overtime Pay, by Kevin Bliss
- News in Brief
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- $1 Million Settlement Reached in Suicide of Mentally Ill Detainee at San Diego Jail, by Keith Sanders
- Lawsuits Filed Over Withheld Pain Medications That Left Ailing New York Prisoners in Agony, by Edward Lyon
- $3.8 Million Paid for Michigan Detainee’s Death from Alcohol Withdrawal After Sixth Circuit Affirms Denial of Summary Judgment to Jailers for Deliberate Indifference, by Mark Wilson
- “Join Me in Holding Your Nose” Federal Judge Reluctantly Okays $750,000 Settlement in Ohio Pre-Trial Detainee’s Excessive Force Suit, by Keith Sanders
- Class Certified in Discrimination Suit by Deaf and Hearing-Impaired Georgia Prisoners, by Mark Wilson
- Court Bars Electroshock Therapy for Incompetent California Prisoner Without Considering Whether He Would Consent If Competent, by Jacob Barrett
- Guards Saluting Fascism on the Job—Literally, by Edward Lyon
- $805,000 Paid by Washington to Former Detainees at Juvenile Camp, But Sex Abuse Charges Dropped against Counselor
- Russia Drops Charges Against Prison Torture Whistleblower, by Edward Lyon
- Eleventh Circuit Reinstates Florida Detainee’s Excessive-Force Claim Against Cop Who Sucker-Punched Him in Cell, by Kevin Bliss
- California Supreme Court Rules Proposition 57 Early Parole Review May be Denied for Any Violent Felony Conviction, Even If Not “Primary Offense”, by Douglas Ankney
- Mission Creep: Prison Telecoms Scramble to Extend Their Reach, by Alan Prendergast
- From the Editor, by Paul Wright
- U.S. Marshals Service Inspectors Find D.C. Central Jail Not Meeting Federal Detention Standards, by Casey Bastian
- $405,000 Paid to Prisoner Disabled and Left Untreated at LaSalle-Managed Louisiana Jails, by Anthony W. Accurso
- Maryland Strips Governor’s Power to Overturn Parole Decisions, by Ashleigh Dye
More from Casey Bastian:
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, March 1, 2024
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, Oct. 1, 2023
- Two Dead and $4.675 Million Paid After Deputies’ Alleged Misconduct in California’s Sonoma County, Sept. 15, 2023
- Collaborative Project Between Innocence Project and National Registry of Exonerations Produces Interim Report Reconciling Data Coding Discrepancies, Sept. 1, 2023
- Deceiving Themselves: How Cops’ False Belief in Their Ability to Detect Deception From Nonverbal Cues Leads to Miscarriages of Justice, Aug. 1, 2023
- Bureau of Justice Statistics Releases Latest First Step Act Data, June 15, 2023
- $775,000 Paid for Mentally Ill California Jail Detainee Who Compulsively Drank Water Until He Died, June 15, 2023
- Report Reveals Extent of Federal Pretrial Detention Crisis, June 15, 2023
- Sixth Circuit: “Minimal Findings Necessary” Before Garnishing Funds From Federal Prisoner in Ohio, June 15, 2023
More from these topics:
- $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.
- 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.
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023. Seizure of Prisoner Funds, Class Actions, HRDC Litigation.
- JPay Denied Motion to Compel Arbitration in Suit Over Debit Release Cards, Oct. 15, 2023. JPay, Inc., Seizure of Prisoner Funds, HRDC Litigation.
- Sheriffs Offered Caribbean Cruises and Florida Retreats As Part Of Jail Telecom Contracts, Sept. 15, 2023. Seizure of Prisoner Funds, Telephones, Telephone Rates, Private Phone Contractors.
- Unyielding Pursuit of Justice or Unfulfilled Promises: Doubts Surround California Habeas Attorney, Sept. 15, 2023. Habeas Corpus, Seizure of Prisoner Funds, Per se ineffectiveness.
- BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death, Sept. 15, 2023. Seizure of Prisoner Funds, Medical Neglect/Malpractice.