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Smith v. Attorney Gen.

SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
Jun 18, 2019
No. 61 MAP 2018 (Pa. Jun. 18, 2019)

Opinion

No. 61 MAP 2018

06-18-2019

ROBERT SMITH, Appellant v. ATTORNEY GENERAL, JOSH SHAPIRO, HEAD OF DEPARTMENT OF CORRECTIONS, JOHN WETZEL, AND SUPERINTENDENT OF SCI-BENNER, ROBERT MARSH, Appellees


Appeal from the Order of the Commonwealth Court at No. 420 MD 2018 dated September 27, 2018 ORDER

PER CURIAM

AND NOW, this 18th day of June, 2019, the Order of the Commonwealth Court is REVERSED. Bundy v. Wetzel, 184 A.3d 551 (Pa. 2018) (holding that, to satisfy an inmate's right to due process, before the Department of Corrections ("DOC") can begin deducting funds from an inmate's prison account for purposes of Act 84, it must inform the inmate of: (1) his financial liability; (2) the DOC's policy for deducting funds from prisoner accounts, and (3) his right to object to the application of the DOC's policy to his account); Petition to Stop 20% Deduction for Court Costs, Fines and Restitution from Gifts from Family and Friends, and the Return of Money Pursuant to 42 Pa.C.S.A. § 8127, 6/6/2018, at ¶2 (averring that, upon Appellant's confinement, the DOC began deducting funds from Appellant's prison account "without notification"). The matter is REMANDED for further proceedings.


Summaries of

Smith v. Attorney Gen.

SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
Jun 18, 2019
No. 61 MAP 2018 (Pa. Jun. 18, 2019)
Case details for

Smith v. Attorney Gen.

Case Details

Full title:ROBERT SMITH, Appellant v. ATTORNEY GENERAL, JOSH SHAPIRO, HEAD OF…

Court:SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

Date published: Jun 18, 2019

Citations

No. 61 MAP 2018 (Pa. Jun. 18, 2019)