U.S. Appeals Court: COST OF CONFINEMENT.

Tillman v. Lebanon County Correctional Facility. 221 F.3d 410 (3rd Cir. 2000). An inmate brought a pro se [sections] 1983 action against a county correctional facility and its warden, challenging the levying and collection of a fee for housing costs incurred during his periods of incarceration for state parole violations. The district court entered summary judgment for the defendants and the appeals court affirmed. The appeals court held that the fee of roughly $4,000 imposed on inmate for housing costs did not violate the excessive fines clause, that the inmate was not denied procedural due process, and that the inmate was not deprived of equal protection. The county had confiscated half of the funds in his wallet and half of the funds sent on his behalf in order to partially collect the fee and turned his remaining debt over to a collection agency following his release from prison. The court noted that the inmate was not deprived of equal protection because "trusty" inmates were not charged for housing cost s because they "paid" their housing costs by providing labor. The county charged inmates $10 per day. (Lebanon County Correctional Facility, Pennsylvania)