Iowa Code » Chapter 610A — CIVIL LITIGATION BY INMATES AND PRISONERS
Iowa Code

Iowa Code § 610A.3 (2026)

Penalties

✓ current as of July 2026
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1. If an action or appeal brought by an inmate or prisoner in state court is dismissed pursuant to section 610A.2, or, if brought in federal court, is dismissed under any of the principles enumerated in section 610A.2, the inmate shall be subject to the following penalties:

a. The loss of some or all of the earned time credits acquired by the inmate or prisoner. Previous dismissals under section 610A.2 may be considered in determining the appropriate level of penalty.

b. If the inmate or prisoner has no earned time credits to deduct, the order of the court or the disciplinary hearing may deduct up to fifty percent of the average balance of the inmate account under section 904.702 or of any prisoner account.

2. The court may make an order deducting the credits or the credits may be deducted pursuant to a disciplinary hearing pursuant to chapter 903A at the facility at which the inmate is held. 95 Acts, ch 167, §3; 98 Acts, ch 1147, §5, 6; 2000 Acts, ch 1173, §1, 10 Referred to in §903A.3 \n

Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 2006–2025 · leading case: Maghee v. Iowa Dist. Court Judge, Reade, 712 N.W.2d 687 (Iowa 2006).
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Maghee v. Iowa Dist. Court Judge, Reade, 712 N.W.2d 687 (Iowa 2006). · cites it 30× “This appeal presents two issues: (1) whether there is a constitutional right to *691 appointment of counsel at state expense in Iowa Code section 610A.3 proceedings, and (2) whether the sanction in this case, loss of 2000 days of earned time credit, should be set aside.”
Valentino Maghee Vs. Iowa (Iowa 2006). · cites it 28× “Maghee contends he has a federal due process right under the Fourteenth Amendment to the appointment of counsel at state expense in this penalty proceeding under Iowa Code section 610A.”
Robert Edward Sinn v. Tyrone Demario Bryson (Iowa Ct. App. 2025). · cites it 12× “After a hearing, the court granted the State’s motion: Bryson has previously brought this same action against the same defendant based on the same facts, in two different forums within the last year and a half.”
Pablo Benavidez v. State of Iowa (Iowa Ct. App. 2018). · cites it 11× “If the court dismisses the action, the inmate is subject to penalties pursuant to Iowa Code section 610A.3. Id. Section 610A.3 provides: (1) If an action or appeal brought by an inmate or prisoner in state court is dismissed pursuant to section 610A.”
State of Iowa v. Jack Losee, 895 N.W.2d 482 (Iowa Ct. App. 2017). · cites it 2× “See Iowa Code § 610A.3 (containing penalties if an inmate’s civil action is dismissed as frivolous or malicious).”
Edward Algenerio Campbell, Jr. v. State of Iowa (Iowa Ct. App. 2025). · cites it 4× “It also asked the district court to impose a penalty against Campbell and, following a hearing on the motion, the court did so, reducing Campbell’s earned time credit by thirty days.”
Williamson v. State (Iowa Ct. App. 2024). · cites it 2× “4 The State requests that this court dismiss the claim as frivolous and impose a penalty against Williamson under Iowa Code section 610A.3 (2023). Because we affirm on the merits, we decline to impose sanctions.”
Larry Dean Bell, Sr. v. State of Iowa, Sgt. Wilcox, Chris Tripp, & ISP Employees (Iowa Ct. App. 2025). · cites it 2× “1 The State requests that this court impose a penalty against Bell under Iowa Code section 610A.3 (2023). Because we affirm the district court order that did not involve a dismissal under section 610A, we decline to impose sanctions.”
Chad Michael Vice v. State of Iowa & Jana Hacker (Iowa Ct. App. 2025). · cites it 2× “1 The State asks us to impose a penalty against Vice under Iowa Code section 610A.3 (2022). As the district court’s dismissal of Vice’s action was not predicated on section 610A.”
Michael Howard Lang, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2015). · cites it 2× “In addition, the trial court, pursuant to Iowa Code section 610A.3, sanctioned Lang by ordering that fifty percent of any earned-time credits accrued should be forfeited and if no good- time credits existed, twenty-five percent of the average balance of his inmate account should…”
Pablo Benavidez v. State of Iowa (Iowa Ct. App. 2019). “§ 610A.3(1)(a). At the remand hearing, the prosecutor recommended a deduction of “all” the credits because, in her view, it was “not much [of] a sanction to begin with, for someone who is serving a life sentence without the possibility of parole.”
— Iowa Code § 610A.3(1) — 1 case
Pablo Benavidez v. State of Iowa (Iowa Ct. App. 2018). “If the court dismisses the action, the inmate is subject to penalties pursuant to Iowa Code section 610A.3. Id. Section 610A.3 provides: (1) If an action or appeal brought by an inmate or prisoner in state court is dismissed pursuant to section 610A.”
— Iowa Code § 610A.3(1)(5) — 1 case
Maghee v. Iowa Dist. Court Judge, Reade, 712 N.W.2d 687 (Iowa 2006). “This appeal presents two issues: (1) whether there is a constitutional right to *691 appointment of counsel at state expense in Iowa Code section 610A.3 proceedings, and (2) whether the sanction in this case, loss of 2000 days of earned time credit, should be set aside.”
— Iowa Code § 610A.3(1)(a) — 5 cases
Valentino Maghee Vs. Iowa (Iowa 2006). “Maghee contends he has a federal due process right under the Fourteenth Amendment to the appointment of counsel at state expense in this penalty proceeding under Iowa Code section 610A.”
Pablo Benavidez v. State of Iowa (Iowa Ct. App. 2018). “If the court dismisses the action, the inmate is subject to penalties pursuant to Iowa Code section 610A.3. Id. Section 610A.3 provides: (1) If an action or appeal brought by an inmate or prisoner in state court is dismissed pursuant to section 610A.”
Robert Edward Sinn v. Tyrone Demario Bryson (Iowa Ct. App. 2025). “After a hearing, the court granted the State’s motion: Bryson has previously brought this same action against the same defendant based on the same facts, in two different forums within the last year and a half.”
Edward Algenerio Campbell, Jr. v. State of Iowa (Iowa Ct. App. 2025). “It also asked the district court to impose a penalty against Campbell and, following a hearing on the motion, the court did so, reducing Campbell’s earned time credit by thirty days.”
Pablo Benavidez v. State of Iowa (Iowa Ct. App. 2019). “§ 610A.3(1)(a). At the remand hearing, the prosecutor recommended a deduction of “all” the credits because, in her view, it was “not much [of] a sanction to begin with, for someone who is serving a life sentence without the possibility of parole.”
— Iowa Code § 610A.3(1)(b) — 2 cases
Pablo Benavidez v. State of Iowa (Iowa Ct. App. 2018). “If the court dismisses the action, the inmate is subject to penalties pursuant to Iowa Code section 610A.3. Id. Section 610A.3 provides: (1) If an action or appeal brought by an inmate or prisoner in state court is dismissed pursuant to section 610A.”
Valentino Maghee Vs. Iowa (Iowa 2006). “Maghee contends he has a federal due process right under the Fourteenth Amendment to the appointment of counsel at state expense in this penalty proceeding under Iowa Code section 610A.”
— Iowa Code § 610A.3(2) — 2 cases
Maghee v. Iowa Dist. Court Judge, Reade, 712 N.W.2d 687 (Iowa 2006). “This appeal presents two issues: (1) whether there is a constitutional right to *691 appointment of counsel at state expense in Iowa Code section 610A.3 proceedings, and (2) whether the sanction in this case, loss of 2000 days of earned time credit, should be set aside.”
Valentino Maghee Vs. Iowa (Iowa 2006). “Maghee contends he has a federal due process right under the Fourteenth Amendment to the appointment of counsel at state expense in this penalty proceeding under Iowa Code section 610A.”
— Iowa Code § 610A.3(l)(a) — 1 case
Maghee v. Iowa Dist. Court Judge, Reade, 712 N.W.2d 687 (Iowa 2006). “This appeal presents two issues: (1) whether there is a constitutional right to *691 appointment of counsel at state expense in Iowa Code section 610A.3 proceedings, and (2) whether the sanction in this case, loss of 2000 days of earned time credit, should be set aside.”
— Iowa Code § 610A.3(l)(u) — 1 case
Maghee v. Iowa Dist. Court Judge, Reade, 712 N.W.2d 687 (Iowa 2006). “This appeal presents two issues: (1) whether there is a constitutional right to *691 appointment of counsel at state expense in Iowa Code section 610A.3 proceedings, and (2) whether the sanction in this case, loss of 2000 days of earned time credit, should be set aside.”
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