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7th Circuit affirms inmate has no property interest in fund

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The 7th Circuit Court of Appeals has upheld the decision in the Northern District of Indiana that an inmate has no property interest in prison recreation funds.

Inmate Sammie Booker-El filed a pro se suit against prison officials claiming they were misappropriating money from the inmates’ recreation fund. The money from this fund comes from sources outside of the state budget and officials can use the money to purchase recreational items or for a purpose not already covered under existing state appropriations. Booker-El’s suit claims that he has been denied his property interest in the fund without due process of the law.

The District Court ruled that because neither the Constitution nor United States laws mandated that state penal facilities maintain an inmates’ recreation fund or dictate how money in such funds be spent, Booker-El could only state a claim if Indiana law provided the inmates with a property interest in the fund. The District judged examined Indiana Code 4-24-6-6 and concluded that the statute did not give inmates a property interest in the fund. The case was dismissed.

The Indiana statute in question requires only that if prison officials decide to spend money from the fund, it must be spent for the direct benefit of prisoners. The statute doesn’t impose any obligation for officials to spend the money within a given period of time, and the statute also gives officials discretion to transfer a recreation fund from one institution to another without consulting any inmates, wrote Judge Michael Kanne.

“Therefore, prison officials were free to transfer the entirety of the inmates’ recreation fund at the Indiana State Prison to another institution at any time without notice. Given this discretion, Booker-El has no legitimate expectation to any benefit derived from the inmates’ recreation fund, and thus no protected property interest,” he wrote in Sammie L. Booker-El v. Superintendent, Indiana State Prison and all agents, No. 10-1490.

Judge Tanya Walton Pratt, of the Southern District of Indiana, sat by designation on this case.

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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