Filed Date: April 15, 1974
Closed Date: 1977
Clearinghouse coding complete
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
Summary Authors
Eoghan Keenan (6/10/2005)
Henley, Jesse Smith (Missouri)
Douglas, Paul L. (Nebraska)
Kammerlohr, Melvin K. (Nebraska)
Saltzman, Alan (Michigan)
Henley, Jesse Smith (Missouri)
Last updated Jan. 29, 2024, 3:02 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Nebraska
Case Type(s):
Key Dates
Filing Date: April 15, 1974
Closing Date: 1977
Case Ongoing: No
Plaintiffs
Plaintiff Description:
State prison inmates brought action to obtain return of money which had been taken from them by prison officials
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: Yes
Class Action Sought: Unknown
Class Action Outcome: Unknown
Defendants
Nebraska Penal and Correctional Complex, State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1975 - 0
Issues
General:
Type of Facility: