University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Vadar v. Angelone PC-NV-0010
Docket / Court 93-70 ( D. Nev. )
State/Territory Nevada
Case Type(s) Prison Conditions
Case Summary
In 1993, Michael Vader, an inmate in the Nevada State Prison, filed a Section 1983 lawsuit in the District of Nevada, against officials of the Nevada Department of Prisons. Plaintiff claimed that defendants violated his due process rights by failing to post money to his prison trust account in a ... read more >
In 1993, Michael Vader, an inmate in the Nevada State Prison, filed a Section 1983 lawsuit in the District of Nevada, against officials of the Nevada Department of Prisons. Plaintiff claimed that defendants violated his due process rights by failing to post money to his prison trust account in a timely manner and by failing to credit his prison trust account with interest.

In March 1994, defendants moved for summary judgment. In June 1994, plaintiff filed a cross-motion for summary judgment. The District Court (Judge David Warner Hagen) denied defendants' motion for summary judgment and granted summary judgment for the plaintiff, holding that he was entitled to interest on his prison trust account. Defendants appealed.

In April 1995, the Court of Appeals dismissed the appeal for lack of a final appealable order because the district court had not determined the amount of interest or damages. Vadar v. Angelone, 1995 WL 325789 (9th Cir. 1995) Following discovery in 1996, the court ordered judgment for the plaintiff in the amount of $2.90 in interest and $16.25 in costs. The case was concluded in July 1997.

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) Nevada Department of Corrections
Plaintiff Description Nevada state prisoner alleging that Nevada state prison officials violated his due process rights by failing to credit his prison trust account with interest and by failing to post money to his trust account in a timely manner
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1996 - n/a
Case Closing Year 1997
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)
93-70 (D. Nev.) 07/14/1997
PC-NV-0010-9000.pdf | Detail
General Documents
Memorandum 04/26/1995 (56 F.3d 75)
PC-NV-0010-0001.pdf | WESTLAW| LEXIS | Detail
Judges Browning, James Robert (Ninth Circuit)
PC-NV-0010-0001
Nelson, Thomas G. (Ninth Circuit)
PC-NV-0010-0001
Sneed, Joseph Tyree III (Ninth Circuit)
PC-NV-0010-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Swafford, Harold A. (Nevada)
PC-NV-0010-9000
Other Lawyers None on record

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