Smith v. Carrasco.U.S. District Court CONFISCATION confiscation In law, the act of seizing property without compensation and submitting it to the public treasury. Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by the police. Additionally, government action (e.g. Smith v. Carrasco, 334 F.Supp.2d 1094 (N.D.Ind. 2004). A state prison inmate brought a [section] 1983 action alleging that corrections officials violated his constitutional rights by confiscating his anarchist an·ar·chist n. An advocate of or a participant in anarchism. anarchist Noun 1. a person who advocates anarchism 2. pamphlets. The district court held that the allegation that officers confiscated con·fis·cate tr.v. con·fis·cat·ed, con·fis·cat·ing, con·fis·cates 1. To seize (private property) for the public treasury. 2. To seize by or as if by authority. See Synonyms at appropriate. adj. his pamphlets was sufficient to state First Amendment and equal protection claims, but the allegations failed to state a claim of cruel and unusual punishment Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community. . According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the court, even if the confiscation meant that the inmate was unable to finish writing his book, any injury was not sufficiently serious to constitute a too-rigorous condition of confinement. The court noted that the inmate could not seek damages for mental or emotional injury because he did not suffer any actual physical injury. The court held that there were adequate remedies under state law for the alleged illegal deprivation of property. (Maximum Control Facility, Indiana) |
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion