Legal Opinion

Davis v. Bowen

Court of Appeals for the Fourth Circuit

Decided August 13, 1987No. 86-1138PublishedCited by 11 opinions

1Opinion of the Court

WILKINS, Circuit Judge:

Edward Collins Davis, an incarcerated felon, appeals the district court’s dismissal of an action challenging suspension of his social security retirement benefits. He argues that 42 U.S.C.A. § 402(x) (West Supp. 1987), which mandates the suspension of benefits, is a violation of the due process and equal protection guarantees of the fifth amendment. We find no constitutional violation and affirm.

I

Davis has been imprisoned since 1974 on a felony conviction. In 1981, he applied for and was granted social security retirement benefits effective on the date of his…

2Cases cited8 opinions

  1. Weinberger v. SalfiSupreme Court of the United States · 1975
  2. Flemming v. NestorSupreme Court of the United States · 1960
  3. Sidney S. ZIPKIN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1986
  4. Herbert O. JENSEN, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1985
  5. Samuel H. Peeler v. Margaret Heckler, Secretary, Department of Health & Human ServicesCourt of Appeals for the Eighth Circuit · 1986

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Milner v. ApfelCourt of Appeals for the Seventh Circuit · 1998
  2. Hanna v. INDUSTRIAL LABOR SERV. INC.District Court of Appeal of Florida · 1994
  3. Nicholas v. RileyDistrict Court, District of Columbia · 1995
  4. Casalvera v. Commissioner of Social SecurityDistrict Court, D. Delaware · 1998
  5. Walker v. City of TampaDistrict Court of Appeal of Florida · 1988

6 more not listed; retrieve them via the Exa API.

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