WILLIE HARRIS, PLAINTIFF-APPELLANT,
v.
T.J. FORSYTH AND F. CHRISTENSEN, DEFENDANTS-APPELLEES

11th Cir. | 1984-05-22
No. 83-3394
735 F.2d 1235 Court of Appeals for the Eleventh Circuit (1984) Positive Treatment
Cited by 12 cases

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Holding

Confiscation of an inmate's money does not violate civil rights if it is reasonable and non-arbitrary, even without explicit notice of the rule.


Facts & Procedural History

An inmate sued prison officials under § 1983 after his money was confiscated upon transfer to a new institution where currency was contraband. The inm…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Willie Harris appeals from a summary judgment finding that his constitutional rights were not violated by the confiscation of his money by prison officials. Harris, an inmate of the Union Correctional Institution (UCI), instituted this § 1983 action claiming an unconstitutional deprivation of property occurred when the $31.00 he had on his person was seized during a search on April 27, 1982. According to Harris, he was transferred from the Cross City Correctional Institution, where prisoners were allowed to have currency, to UCI and that prison officials at UCI never informed him or provided him with any kind of notice that money was considered contraband at the prison and would be confiscated and placed in the prisoner’s welfare fund.

The district court found that neither the confiscation of money nor the alleged unfairness of Harris being held responsible for rules with which he was not familiar stated a claim upon which relief could be granted.

The law is well established that a state has “a compelling interest in maintaining security and order in its prisons and, to the extent that it furthers this interest in reasonable and non-arbitrary ways, property claims by inmates must give way.” Sullivan v. Ford, 609 F. 2d 197 (5th Cir.1980). In Sullivan, another prison inmate complained about the confiscation of over $2,000 found among his possessions. The court in that case examined Florida statute and prison regulations dealing with contraband and found them to be reasonable restrictions on the property rights of inmates.

We note that the statute and regulations relied upon to seize the money in this case are virtually identical to those approved of in Sullivan. Compare Fla.Stat. § 945.215(l)(e) (1981) with Fla. Stat. § 402.18(3) (1977) and Rule 33-3.06 FAC (1982) with Rule 33-3.06. The statute in question makes it clear that any contraband found on or in the possession of an inmate will be confiscated and deposited in the inmate welfare fund.

Rule 33-3.06(5)(b) of the Florida Administrative Code states that in institutions which rely on canteen coupons instead of cash, any and all cash will be considered contraband. UCI is a canteen coupon institution. Since such restrictions on currency amount to reasonable attempts to guarantee the individual safety of the prisoner and the security of the prison, a confiscation of an inmate’s money does not violate his civil rights. Sullivan, supra, 609 F. 2d at 198.

The district judge was also correct in its determination that lack of notice of the rule did not state a claim upon which relief could be granted. Submissions by the appellant, however, indicated that he had been informed by other prisoners that his money was not permissible at the prison and that it could not be used at the canteen. In addition, the superintendent of UCI testified by affidavit that Harris had been incarcerated at UCI from July of 1976 until November of 1978 and had received a disciplinary report in December of 1976 for possessing currency. Harris has not countered the evidence offered in this statement.

Even if Harris was not informed about the rules by prison officials, he had over three months to reacquaint himself with the rules and regulations at UCI. For the foregoing reasons, the dismissal upon summary judgment is

AFFIRMED.


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Citator

Cited By

  • Caldwell v. Miller, 790 F.2d 589 (7th Cir. 1986)
    …Wolff, 418 U.S. at 555-57, 94 S.Ct. at 2974-75. Hence, to the extent that prison officials further their interest in security and order in a reasonable and non-arbitrary manner, property claims of inmates must give way. See, e.g., Harris v. Forsyth, 735 F. 2d 1235 (11th Cir.1984) (state statutory restrictions on contraband requiring forfeiture of money found in inmate’s possession to prison welfare fund not violative of due process). Nonetheless, prisoners are entitled to be free from arbitrary actions of pr…
  • Phillips v. Telfair J. Mashburn, 746 F.2d 782 (11th Cir. 1984)
    …iracy. AFFIRMED. . In Bonner v. City of Prichard, 661 F. 2d 1206, 1209 (11th Cir.1981) (en banc), this court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981. . But see Harris v. Forsyth, 735 F. 2d 1235 (11th Cir.1984) (permitting assessment of costs against an appellant proceeding in forma pauperis is within the discretion of the court).…
  • Lawson v. Singletary, 85 F.3d 502 (11th Cir. 1996)
    …d is subject to de novo review by this Court. See Christopher v. Cutter Laboratories, 53 F. 3d 1184, 1190 (11th Cir.1995). It is well established that states have a compelling interest in security and order within their prisons. Harris v. Forsyth, 735 F. 2d 1235 (11th Cir.1984); Sullivan v. Ford, 609 F. 2d 197 (5th Cir.), cert. denied, 446 U.S. 969, 100 S.Ct. 2950, 64 L.Ed.2d 829 (1980). In the case at bar, the Hebrew Israelites concede that Florida has a compelling interest in prison security. At issue a…

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