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PRISONER PROPERTY DEPRIVATIONS - SECTION 1983 AND THE FOURTEENTH AMENDMENT

NCJ Number
40257
Journal
Indiana Law Journal Volume: 52 Issue: 1 Dated: (FALL 1976) Pages: 257-280
Author(s)
S H HAZELRIGG
Date Published
1976
Length
24 pages
Annotation
ARTICLE DISCUSSES PROVISIONS AND MANDATES IN THE LAW FOR PROTECTING PRISONERS' PROPERTY RIGHTS.
Abstract
THE AUTHOR TRACES APPLICABLE SECTIONS OF THE CASE LAW IN THE CIVIL RIGHTS ACT AND THE FOURTEENTH AMENDMENT TO FIND JUSTIFICATION FOR NOT ALLOWING PRISONER PROPERTY RIGHTS TO BE DENIED. ALTHOUGH SOME PRISONER PROPERTY CLAIMS HAVE BEEN SUSTAINED, OTHERS HAVE BEEN DISMISSED AS FRIVOLOUS AND INCONSEQUENTIAL. THE AUTHOR TAKES A LOOK AT THE INCOMPLETE DEPRIVATION RULE TO SEE HOW IT STANDS UP TO CURRENT STANDARDS. MENTION IS ALSO MADE OF THE SUPPLEMENTAL REMEDY DOCTRINE....BS