Property- prisoner personal.

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U.S. District Court


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


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 (FTCA) and Bivens claims, seeking declaratory judgment and damages for the alleged mishandling of his property. The district court granted the employees' motion for summary judgment 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 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, Kansas)

U.S. Appeals Court


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