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The Indiana Court of Appeals rules department of correction can take cash from inmate account

Aaron Isby’s complaint last year against the Indiana Department of Correction argued the agency didn’t have the constitutional authority to impose a restitution sanction without obtaining a civil judgment against him.

Posted: Jun 28, 2021 9:18 AM

BUNKER HILL Ind. (AP) — The Indiana Court of Appeals has ruled against an inmate who sued after money was withdrawn from his prison account to pay for the medical bills of a correctional officer he injured 30 years ago.

Aaron Isby’s complaint last year against the Indiana Department of Correction argued the agency didn’t have the constitutional authority to impose a restitution sanction without obtaining a civil judgment against him.

A Miami County judge dismissed the case, citing an Indiana Supreme Court ruling IDOC’s actions weren’t subject to judicial review.

The appeals court, in a filing last month, upheld the dismissal.

“We are bound to follow the authority of the Indiana Supreme Court,” the appeals court noted.

Isby, in custody at Miami Correctional Facility in Bunker Hill, was first sentenced in 1988 for robbery, according to IDOC records. Court documents say that while in custody at another facility, Isby stabbed a guard in an altercation in 1990.

The IDOC imposed a sanction requiring him to pay over $8,000 in restitution for the guard’s medical expenses, according to the Kokomo Tribune.

The agency then started taking deposits made to Isby’s prison account and using the money toward restitution.

The withdrawals continued after Isby was transferred to Miami Correctional.

The appeals court argued the IDOC may impose restitution as a disciplinary action.

The court also said while state law governs and provides means for reviewing administrative agency actions, it exempts actions related to an offender within the agency’s jurisdiction.

Isby, who is 50 and also goes by Aaron Israel, represented himself in the case. In his May 2020 filing, he argued he had no “adequate remedy” as prison officials continued to deduct money from the fund comprised of “gifts from friends and family.”

His case has previously been in the spotlight because he spent more than a decade in solitary confinement and waged a lengthy legal battle alleging inhumane conditions. A federal court ruled in his favor in 2018.

Previous court records say during the October 1990 altercation, Isby struck a prison counselor, prompting correctional officers to enter his cell with dogs and tear gas in an attempt to transfer him elsewhere.

Authorities alleged Isby wouldn’t comply and stabbed two guards, including one in the neck.

Isby was convicted of attempted murder in 1992.

Isby has characterized it as a staged attack against him, according to a statement posted by advocacy group IDOC Watch.

A message left Sunday for an IDOC spokesman wasn’t immediately returned.

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 1118335

Reported Deaths: 17712
CountyCasesDeaths
Marion1455892240
Lake724831254
Allen67063882
Hamilton51060487
St. Joseph49820649
Elkhart40268546
Vanderburgh34714497
Tippecanoe30808276
Johnson27696467
Hendricks26313385
Porter25657386
Madison21131455
Clark20238279
Vigo19059309
LaPorte17192261
Howard16770314
Delaware16761303
Monroe16628220
Kosciusko14293167
Hancock13113186
Bartholomew12983190
Warrick12210190
Wayne12090269
Floyd12011226
Grant11998245
Morgan10409192
Boone9869124
Noble9316122
Henry9177169
Marshall9152147
Dearborn8970100
Dubois8835140
Shelby8281130
Cass8167128
Lawrence8057185
DeKalb7817109
Jackson770793
Huntington7661115
Gibson7102118
Montgomery7101123
Harrison6954100
Knox6915116
Steuben669089
Whitley659660
Miami6595113
Putnam645085
Clinton627179
Wabash6221111
Jasper613192
Jefferson5856105
Ripley557294
Adams542281
Daviess5076117
Scott491580
Wells4836105
White478469
Greene4701101
Clay464662
Decatur4611110
Fayette452496
Jennings452067
LaGrange427491
Posey410044
Randolph3944107
Washington390956
Fountain375964
Fulton364874
Spencer362247
Starke355574
Owen353577
Sullivan348555
Orange331372
Jay331050
Rush309533
Carroll296239
Franklin292744
Perry290553
Vermillion283658
Tipton251167
Parke250130
Pike248644
Blackford222144
Pulaski210359
Newton182452
Brown177550
Crawford169129
Benton168417
Martin152120
Switzerland147612
Warren135816
Union122616
Ohio92413
Unassigned0595

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 1731003

Reported Deaths: 26851
CountyCasesDeaths
Franklin1803711843
Cuyahoga1698662655
Hamilton1144371544
Montgomery810251405
Summit726231210
Lucas636141027
Butler57225814
Stark543091183
Lorain42754645
Warren36183417
Mahoning36035788
Lake32696501
Clermont31523369
Trumbull27614620
Delaware27394185
Licking26829344
Medina26290353
Fairfield24812287
Greene24540373
Clark22327390
Portage21504283
Richland21257342
Wood20300248
Allen19119326
Miami17456352
Columbiana17014335
Muskingum16873207
Wayne15873307
Tuscarawas14579362
Marion13440196
Ashtabula12927237
Erie12790199
Scioto12556188
Pickaway12308155
Ross11780226
Hancock11623175
Geauga11042179
Lawrence10698172
Belmont10509234
Huron9867159
Jefferson9687228
Union963775
Sandusky9428166
Seneca8993161
Knox8869176
Washington8714159
Darke8435181
Athens841897
Ashland8102152
Auglaize8018120
Shelby7551135
Defiance7418117
Crawford7356150
Fulton7262113
Brown7217116
Logan7061111
Guernsey700586
Mercer6959100
Highland6807120
Clinton6547106
Williams653899
Madison652590
Preble6334140
Putnam6288122
Champaign585187
Jackson584597
Perry570579
Ottawa5689102
Coshocton5688108
Morrow521765
Fayette497272
Hardin4947100
Gallia474278
Van Wert469395
Pike467678
Adams4619110
Henry439280
Hocking412493
Holmes4035141
Wyandot379275
Carroll371178
Paulding326351
Meigs307561
Monroe236861
Noble221549
Morgan219039
Harrison215253
Vinton189138
Unassigned06
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