Abney v. Alameida.

PositionADMINISTRATION - Brief Article

U.S. District Court


Abney v. Alameida, 334 F.Supp.2d 1221 (S.D.Cal. 2004). A state prisoner brought an action against a state corrections director alleging violations of the Fifth Amendment Takings Clause, the Equal Protection Clause, and due process. The prisoner alleged breach of judiciary duty and violations of state regulations regarding prison trust accounts, in connection with deductions taken from deposits made to the prisoner's trust accounts in order to pay court-ordered restitution. The court held that deductions taken from checks and money orders that were to be deposited into the prisoner's trust account in order to satisfy court-ordered restitution, did not violate the Takings Clause, where the restitution was duly authorized by state law. The court held...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT