Legal Opinion

Jerry Dempsey McIntyre v. Robert Bayer

Court of Appeals for the Ninth Circuit

Decided August 13, 2003No. 01-55169PublishedCited by 11 opinions

1Opinion of the Court

OPINION

O’SCANNLAIN, Circuit Judge.

We must decide whether a state statute, requiring interest generated by inmate trust accounts to be retained by prison authorities and expended for the benefit of the prison population as a whole, effects an unconstitutional taking. 1

I

Jerry Dempsey McIntyre is incarcerated at the Warm Springs Correctional Center in Carson City, Nevada. Like all inmates in Nevada prisons, he is required to keep his money, including wages earned during incarceration as well as any money received from outside sources, in a personal property trust fund run by the State of Nevada.…

2Cases cited7 opinions

  1. Wilson v. GarciaSupreme Court of the United States · 1985
  2. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
  3. Phillips v. Washington Legal FoundationSupreme Court of the United States · 1998
  4. Brown v. Legal Foundation of WashingtonSupreme Court of the United States · 2003
  5. Lester Tellis v. S. GodinezCourt of Appeals for the Ninth Circuit · 1993

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

3Cited by11 opinions

  1. San Diego Police Officers' Ass'n v. San Diego City Employees' Retirement SystemCourt of Appeals for the Ninth Circuit · 2009
  2. Abney v. AlameidaDistrict Court, S.D. California · 2004
  3. Joseph G. Givens v. AL Dept. of CorrectionsCourt of Appeals for the Eleventh Circuit · 2004
  4. Ward v. RyanCourt of Appeals for the Ninth Circuit · 2010
  5. Smolow v. HaferDistrict Court, E.D. Pennsylvania · 2005

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

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