Case: Sell v. Parratt

4:74-cv-00063 | U.S. District Court for the District of Nebraska

Filed Date: April 15, 1974

Closed Date: 1977

Clearinghouse coding complete

Case Summary

In 1974, inmates of the Nebraska Penal and Correctional Complex filed a Section 1983 lawsuit in the District of Nebraska, against officials of the Nebraska Department of Correctional Services. Plaintiffs alleged that the defendants had confiscated money from them as a punitive measure without due process of law. In July 1975, the District Court (Judge Warren K. Urbom) granted plaintiffs' motion for summary judgment. Defendants appealed. On appeal, plaintiffs were represented by a law profes…

In 1974, inmates of the Nebraska Penal and Correctional Complex filed a Section 1983 lawsuit in the District of Nebraska, against officials of the Nebraska Department of Correctional Services. Plaintiffs alleged that the defendants had confiscated money from them as a punitive measure without due process of law.

In July 1975, the District Court (Judge Warren K. Urbom) granted plaintiffs' motion for summary judgment. Defendants appealed. On appeal, plaintiffs were represented by a law professor from the University of Detroit. The Court of Appeals affirmed, holding that the inmates had a property interest protected by due process in the confiscated money and prison officials violated due process by prescribing and enforcing forfeitures of that money as a punitive measure for violation of administrative rules and regulations prohibiting the possession of money by inmates. Sell v. Parratt, 548 F.2d 753 (8th Cir. 1977). Defendants' petition for writ of certiorari was denied. Parratt v. Sell, 434 U.S. 873 (1977).

The docket for this case is not available on PACER, and therefore our information ends with the last reported decision, dated October 3, 1977

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Henley, Jesse Smith (Missouri)

Attorneys(s) for Plaintiff

Douglas, Paul L. (Nebraska)

Kammerlohr, Melvin K. (Nebraska)

Attorneys(s) for Defendant

Saltzman, Alan (Michigan)

Judge(s)

Henley, Jesse Smith (Missouri)

Attorneys(s) for Plaintiff

Douglas, Paul L. (Nebraska)

Kammerlohr, Melvin K. (Nebraska)

Attorneys(s) for Defendant

Saltzman, Alan (Michigan)

Documents in the Clearinghouse

Document

76-01307

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

Feb. 2, 1977

Feb. 2, 1977

Order/Opinion

76-01339

Memorandum Decision

Parratt v. Sell

Supreme Court of the United States

Oct. 3, 1977

Oct. 3, 1977

Order/Opinion

Docket

Last updated Sept. 3, 2022, 3:16 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Nebraska

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 15, 1974

Closing Date: 1977

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prison inmates brought action to obtain return of money which had been taken from them by prison officials

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Nebraska Penal and Correctional Complex, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1975 - 0

Issues

General:

Loss or damage to property

Type of Facility:

Government-run