Supreme Court Revives Ex-Prisoner’s Lawsuit Over Restitution Payments

Holsey Ellingburg Jr. argued that payments should have stopped years ago under the restitution law in effect when he committed his crime.

Associate Supreme Court Justice Brett Kavanaugh poses for the official photo at the Supreme Court in Washington on Oct. 7, 2022. Olivier Douliery/AFP via Getty Images

The U.S. Supreme Court on Jan. 20 ruled unanimously that a restitution order issued under a victim rights law counts as a criminal punishment.

The new opinion, written by Justice Brett Kavanaugh, allows a former prisoner, Holsey Ellingburg Jr., to move forward with his stalled lawsuit over the financial penalty imposed under a law that was enacted after he committed his crime.