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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.