Balkcom v. Heptinstall

Banke, Judge.

The appellee filed suit to recover $2,000 confiscated from him while he was an inmate at the Georgia State Prison in Reidsville and ultimately deposited in the prison athletic fund. The appellee admits that his possession of the currency while in prison was unlawful, and he does not dispute the state’s right to take it from him. However, he contends that he was entitled to the return of the money upon his release. The trial court agreed and granted summary judgment in his favor. The defendant warden appeals. Held:

Currency in the possession of a prison inmate is considered…