Nelson v. Heiss
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERNANDEZ, Circuit Judge:
Tarza Nelson brought this 42 U.S.C. § 1983 action against officials of the California Department of Corrections,1 after holds were placed upon his inmate trust account. His principal contention was that 38 U.S.C. § 5301(a), which provides for the exempt status of veteran’s benefits, was violated. The district court agreed, but determined that the Prison Officials were entitled to qualified immunity. It then granted their motion to dismiss. Fed. R.Civ.P. 12(b)(6). Both Nelson and the Prison Officials appeal. We affirm in part, reverse in part, and remand.
BACKGROUND
Nelso…
2Cases cited26 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
- Malley v. BriggsSupreme Court of the United States · 1986
- Devereaux v. AbbeyCourt of Appeals for the Ninth Circuit · 2001
- Bly-Magee v. CaliforniaCourt of Appeals for the Ninth Circuit · 2001
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3Cited by55 opinions
- Higgins v. BeyerCourt of Appeals for the Third Circuit · 2002
- Nelson v. HeissCourt of Appeals for the Ninth Circuit · 2001
- Knows His Gun v. MontanaDistrict Court, D. Montana · 2012
- Bowden v. Structured Investments Co. (In Re Bowden)United States Bankruptcy Court, W.D. Washington · 2004
- Byrd v. TrombleyDistrict Court, E.D. Michigan · 2008
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