Kenny Halfacre v. Wendy Kelley

Summary

The court held that Veterans' Administration disability benefits may be considered when determining an inmate's indigency status because doing so does not constitute an attachment, levy, or seizure of the benefits. It further held that federal law prohibits the circuit court from ordering the Arkansas Department of Correction to withdraw those benefits from the inmate's trust account to pay a filing fee. The court affirmed the indigency determination but reversed and remanded the order requiring payment from the trust account.