· 8/18/2004
Joseph G. Givens v. AL Dept. of Corrections
Citations
- 381 F.3d 1064
- 2004 U.S. App. LEXIS 17248
- 2004 WL 1838569
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring that a plaintiff must first demonstrate that he possesses a “property interest” that is constitutionally protected to state a takings claim under federal law
- “Alabama inmates do not have a common law property right to the interest that accrues on their accounts” and Alabama “created no such property interest” in statutory law.
- “Thus, to determine whether a particular property interest is protected, we look to ‘existing rules or understandings that stem from an independent source such as state law.’ ”
- “[The prisoner] has at most a limited property right in the principal . . . . [He] is not free to receive the amounts deposited in cash, make withdrawals whenever he wants, or spend money without the Department’s approval.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Kravitch, Strom
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.