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COVID-19 Stimulus Garnished From Federal Prisoner, but Only After Eighth Circuit Says ‘Not So Fast’
by David M. Reutter
On March 28, 2022, the U.S. Court of Appeals for the Eight Circuit ruled that money may not be withdrawn from a federal prisoner’s trust account, even to satisfy court-ordered restitution, without first determining the source of the funds.
The Court’s decision concerned the strange case ...
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More from this issue:
- ‘Plainly Grossly Inadequate’: Federal Court Finds Arizona Prison Healthcare Deliberately Indifferent to Prisoners’ Risk of Serious Harm, by Matthew Clarke
- Settlement Extended Again After Federal Judge Faults California Prisons for Using Snitches in Solitary and Parole Procedures, by Jacob Barrett
- From the Editor, by Paul Wright
- Oregon Supreme Court Holds Corizon Health and Other Jail Contractors Liable Under State Disability Rights Laws, by Mark Wilson
- Colorado Prisoner Targeted by Gangs Wins Injunction for Placement in Protective Custody, by David Reutter
- Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process, by Douglas Ankney
- Cages in the Coalfields, by Judah Schept
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, by David Reutter
- Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process, by Mark Wilson
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, by Matthew Clarke
- North Carolina Prisoners Languish Without Air Conditioning, by Kevin Bliss
- Ninth Circuit Tells Nevada DOC: ‘Wait and See’ Prisoner Medical Care Can’t Become ‘Deny and Delay’, by David Reutter
- Class Certified in ‘Orange Crush’ Shakedown Lawsuit by Illinois Prisoners, by David Reutter
- $2.57 Million Settlement for Hogtying Death in NC Police Custody, by Eike Blohm, MD
- Pennsylvania County Retakes Control of Jail From GEO Group, by Keith Sanders
- Fourteen Officials Indicted in New Jersey Women’s Prison Abuse Scandal, $21 Million Class-Action Settlement Reached, by Ashleigh Dye
- Prisoners Awarded Damages for Denial of Public Records by Ohio Prison Officials, by David Reutter
- Tenth Circuit Revives Suit Against Colorado Jail Guard in Death of Mentally Disabled Detainee, by David Reutter
- California Pays $3.5 Million to Settle Suit Over State Prisoner’s Murder, by Ashleigh Dye
- LGBTQ Adults and Youth Face Criminalization and Over-Incarceration, by Jacob Barrett
- Former South Carolina Deputy Gets 18 Years for Driving Transport Van With Two Detainees Into Flood, Drowning Them, by Ashleigh Dye
- $54,000 Award for Georgia Prisoner in Failure-To-Protect Lawsuit, by David Reutter
- Excess Prisoner-Made Hand Sanitizer Costing N.Y. Taxpayers Millions to Dispose Of, by David Reutter
- After Sixth Circuit Stops Attempted End-Run Around Rules, Former Kentucky Jail Detainee Settles Suit Against Southern Health Partners, by Kevin Bliss
- CDCR’s Medication Assisted Treatment Program for Substance Abusers is a Resounding Success, by Matthew Clarke
- New Policy Banning Care Packages Makes Life Harder for N.Y. Prisoners, by Jayson Hawkins
- Former Deputy Warden Gets Two Years for Assaulting Mississippi Prisoner, by Kevin Bliss
- New York City Jails Admit Illegally Recording Over 2,200 Attorney-Client Phone Calls, by Anthony Accurso
- South Carolina Death Row Doctor Breaks Silence About Years of Executions, by Ashleigh Dye
- Texas Commission on Jail Standards Finds Unacceptable Conditions in Nueces County Jail, by Benjamin Tschirhart
- Texas Prisoner Killed After Wounding Guard in Escape and Killing Family While on the Run, by Matthew Clarke
- Disgraced Virginia Sheriff Gets 12 Years for Bribery and Corruption, by Ashleigh Dye
- Idaho Lowers Cloak of Darkness Over Execution Protocols, by Douglas Ankney
- Ninth Circuit Denies Qualified Immunity to Doctor and Nurses at California Jail Who Treated Detainee’s Ruptured Aorta With Pepto Bismol, by David Reutter
- ‘Good Time’ Credit Policy Wrongly Under Attack in Alabama, by Jo Ellen Nott
- ACH Settles After Federal Jury Awards $8.5 Million in Suit Over Missouri Detainee’s Death, by Benjamin Tschirhart
- Nevada Supreme Court: DOC Owes Parolee Credit for Any Days Over 60 Awaiting Revocation in Prison, by Matthew Clarke
- Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’, by David Reutter
- $3.7 Million in Attorney Fees Paid to Settle COVID-19 Class-Action at Orange County Jail, by Jacob Barrett
- Federal Jury Awards $30,501 to Indiana Prisoner in Retaliation Lawsuit, by David Reutter
- Federal Government Pays $300,000 for Endangering Diabetic Prisoner With ‘Dramatically’ Subpar Care, by Benjamin Tschirhart
- Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime, by Jacob Barrett
- COVID-19 Stimulus Garnished From Federal Prisoner, but Only After Eighth Circuit Says ‘Not So Fast’, by David Reutter
- Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies, by David Reutter
- Third Guilty Plea Entered in Massive Aryan Brotherhood Drug Conspiracy in California Prisons, by Jo Ellen Nott
- Settlement Reached in COVID-19 Class Action Against DC Jail, by Jayson Hawkins, Kevin Bliss
- News in Brief
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.
- Failures Brought to Light in Arizona Prison System’s COVID-19 Response, March 1, 2025. Centurion, Systemic Medical Neglect, COVID-19.
- 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.
- 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. COVID-19, Confrontation Clause/Rights, Practitioner Exception.
- “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.