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· 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 CourtListener

Sourced 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.