Property- prisoner personal.U.S. District Court DISPOSITION OF FUNDS Breakiron v. Neal. 166 F.Supp.2d 1110 (N.D.Tex. 2001). A county prisoner brought a [section] 1983 action seeking damages for injuries he sustained when a jail door closed on him, and for alleged intentional or deliberate deprivation of medical care. The district dismissed the damage and deliberate deprivation claims. The court also held that the county's act of deducting payments from the prisoner's inmate trust account did not violate the prisoner's rights because it was rationally related to the county's legitimate interest in the efficient use of prison resources and the prisoner was not denied medical treatment as the result of any inability to pay for medical treatment. (Hunt County Jail, Texas) U.S. Appeals Court LOSS OF PROPERTY Hatten v. White. 275 F.3d 1208 (10th Cir. 2002). A federal prisoner brought an action against prison employees, asserting a claim under the Federal Tort Claims Act Enacted in 1946 the Federal Tort Claims Act (FTCA) (60 Stat. 842) removed the inherent Immunity of the federal government from most tort actions brought against it and established the conditions for the commencement of such suits. (FTCA FTCA Federal Tort Claims Act FTCA Federal Trade Commission Act FTCA French Central Technical Armament Establishment ) and Bivens claims, seeking declaratory judgment declaratory judgment In law, a judgment merely declaring a right or establishing the legal status or interpretation of a law or instrument. It is binding but is distinguished from other judgments or court opinions in that it includes no executive element (an order that and damages for the alleged mishandling of his property. The district court granted the employees' motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers in part, and dismissed the case in its entirety. The prisoner appealed and the appeals court affirmed. The appeals court held that the FTCA's waiver of sovereign immunity The legal protection that prevents a sovereign state or person from being sued without consent. Sovereign immunity is a judicial doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent. did not apply to the prisoner's FTCA claim and that the prisoner could not bring a Bivens action against federal prison employees in their official capacities. The court held that the prisoner, who was allowed to sand the property he could not possess in prison to a place of his choosing, was not deprived of a property interest. (United States Penitentiary, Leavenworth The United States Penitentiary (USP), Leavenworth is located in Leavenworth, Kansas on 1,583 acres (6.4 km²) with 22.8 acres (92,000 m²) inside the penitentiary walls. The USP Leavenworth came into existence through an act of the United States Congress in 1895. , Kansas) U.S. Appeals Court DISPOSITION OF FUNDS Nelson v. Heiss 271 F.3d 891 (9th Cir. 2001). A state inmate brought a [section] 1983 action against corrections officials after holds were placed on his inmate trust account. The district court dismissed the action on the basis of qualified immunity and the appeals court affirmed in part, reversed in part, and remanded. The appeals court held that the statute that provided for an exemption of veteran's benefits against the claims of creditors precluded officials from placing holds on the inmate's accounts, but that the officials were entitled to qualified immunity from liability because prior caselaw had not clearly established this exemption. The inmate's trust account was funded with payments of Veteran's Disability Benefits administered by the United States Veterans Administration. The court held that the officials' placement of a hold on the inmate's account, after the inmate authorized withdrawals for which he lacked funds and the officials provided the goods and services In economics, economic output is divided into physical goods and intangible services. Consumption of goods and services is assumed to produce utility (unless the "good" is a "bad"). It is often used when referring to a Goods and Services Tax. in expectation of future paymen ts, did not violate the inmate's alleged due process right to predeprivation proceedings because the inmate knew, or should have known, that his account was depleted de·plete tr.v. de·plet·ed, de·plet·ing, de·pletes To decrease the fullness of; use up or empty out. [Latin d . (Calipatria State Prison Calipatria State Prison (CSP) is a state prison facility in Calipatria, California, USA. Located in the Imperial Valley of southeastern California, CSP opened in 1992. , California) |
|
||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion