Third Circuit vacates dismissal of challenges to inmate garnishment

Client(s) Timothy Hale and Domingo Colon Montanez

Jones Day Pittsburgh successfully briefed and argued to the Third Circuit the Due Process standards by which prisons will be permitted to garnish accounts of inmates. Plaintiffs challenged the deductions of funds from their inmate accounts by the Department of Corrections to pay for court ordered restitution, costs and fines. Inmates alleged that the deductions violated the Due Process clause of the U.S. Constitution. Following briefing and oral argument, the Third Circuit vacated the dismissals of plaintiffs' complaints by the district courts and remanded for further proceedings. The Department of Corrections' petition for rehearing en banc was denied.

344 Fed. Appx. 833