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Case Name Sell v. Parratt PC-NE-0005
Docket / Court Docket No. Not Available ( D. Neb. )
State/Territory Nebraska
Case Type(s) Prison Conditions
Case Summary
In 1974, inmates of the Nebraska Penal and Correctional Complex filed a Section 1983 lawsuit in the District of Nebraska, against officials of the Nebraska Department of Correctional Services. Plaintiffs alleged that the defendants had confiscated money from them as a punitive measure without due ... read more >
In 1974, inmates of the Nebraska Penal and Correctional Complex filed a Section 1983 lawsuit in the District of Nebraska, against officials of the Nebraska Department of Correctional Services. Plaintiffs alleged that the defendants had confiscated money from them as a punitive measure without due process of law.

In July 1975, the District Court (Judge Warren K. Urbom) granted plaintiffs' motion for summary judgment. Defendants appealed. On appeal, plaintiffs were represented by a law professor from the University of Detroit. The Court of Appeals affirmed, holding that the inmates had a property interest protected by due process in the confiscated money and prison officials violated due process by prescribing and enforcing forfeitures of that money as a punitive measure for violation of administrative rules and regulations prohibiting the possession of money by inmates. Sell v. Parratt, 548 F.2d 753 (8th Cir. 1977). Defendants' petition for writ of certiorari was denied. Parratt v. Sell, 434 U.S. 873 (1977).

The docket for this case is not available on PACER, and therefore our information ends with the last reported decision, dated October 3, 1977

Eoghan Keenan - 06/10/2005


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Issues and Causes of Action
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Issues
General
Loss or damage to property
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Nebraska Penal and Correctional Complex
Plaintiff Description State prison inmates brought action to obtain return of money which had been taken from them by prison officials
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1975 - n/a
Case Closing Year 1977
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 02/02/1977 (548 F.2d 753)
PC-NE-0005-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Decision 10/03/1977 (434 U.S. 873)
PC-NE-0005-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Henley, Jesse Smith (W.D. Ark., Eighth Circuit, E.D. Ark.)
PC-NE-0005-0001
Monitors/Masters None on record
Plaintiff's Lawyers Douglas, Paul L. (Nebraska)
PC-NE-0005-0001
Kammerlohr, Melvin K. (Nebraska)
PC-NE-0005-0001
Defendant's Lawyers Saltzman, Alan (Michigan)
PC-NE-0005-0001
Other Lawyers None on record

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