Lowery v. Cuyler

MEMORANDUM AND ORDER

EDWARD R. BECKER, District Judge.

Narrowed to its essentials, this case presents a single discrete issue of constitutional law in a prison setting: whether a prison regulation providing for confiscation of contraband money can constitute a due process violation. The issue is before us on cross-motions for summary judgment; there is no factual dispute relevant to the constitutional question.

Plaintiff is an inmate at the State Correctional Institute at Graterford (SCIG). On July 2, 1980, during a routine cell search, cash totalling $1,045 was discovered, confiscated, and…