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REED v. TAYLOR

No. 17-20519.

923 F.3d 411 (2019)

Jerry REED, Plaintiff-Appellant, v. Allison TAYLOR, in her Individual Capacity; Barbara MacNair, in her Official and Individual Capacity; Program Specialist Holly White, in her Official and Individual Capacity; Kristy Alford, in her Official and Individual Capacity; Marsha McLane, in her Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED May 2, 2019.

Attorney(s) appearing for the Case

Marianne W. Nitsch , David Austin King , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, for Plaintiff-Appellant.

Leah O'Leary , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Defendants-Appellees ALLISON TAYLOR, Individual Capacities and MARSHA MCLANE.

Seth Byron Dennis , Assistant Attorney General, Leah O'Leary , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Defendants-Appellees BARBARA MACNAIR, in her Official and Individual Capacity, PROGRAM SPECIALIST HOLLY WHITE, in her Official and Individual Capacity and KRISTY ALFORD, In her Official and Individual Capacity.

Before ELROD, WILLETT, and DUNCAN, Circuit Judges.

Jerry Reed is a civilly committed sexually violent predator. Under now-repealed Texas law, he had to pay for GPS monitoring or else face criminal prosecution. Reed's sole income, though, was Social Security. He contends that the pay-or-be-prosecuted penalty violated the Social Security Act's anti-attachment provision...

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