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Hanvey v. Blankenship

United States Court of Appeals, Fourth Circuit
Sep 25, 1980
631 F.2d 296 (4th Cir. 1980)

Summary

affirming dismissal of § 1983 complaint alleging due process violation when VDOC confiscated contraband

Summary of this case from Johnson v. Johnson

Opinion

No. 79-6514.

Argued August 20, 1980.

Decided September 25, 1980.

Edward L. Hogshire, Charlottesville, Va. (Paxson, Smith, Boyd, Gilliam Gouldman, P. C., Charlottesville, Va., on brief), for appellant.

Guy Horsley, Asst. Atty. Gen., Richmond, Va., (Marshall Coleman, Atty. Gen. of Va., Alan Katz, Asst. Atty. Gen. Richmond, Va., on brief), for appellee.

Appeal from the United States District Court for the Western District of Virginia.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.


In this action under 42 U.S.C. § 1983, Warren Hanvey seeks return of the $750 that prison officials confiscated from him as contraband following its discovery in his possession during a routine prison shakedown. Because prison regulations explicitly prohibit unauthorized possession of any United States currency, prison officials, having found Hanvey guilty of the violation, placed the $750 in the Inmate Canteen Fund. The district court held that this forfeiture did not violate Hanvey's constitutional right not to be deprived of property without due process. We affirm.

When statutory authority permits a forfeiture such as this one, no constitutional violation occurs. Sell v. Parrot, (8th Cir. 1977) 548 F.2d 753, 759. In this case, we feel that §§ 53-23.1 and 53-223 of the Virginia Code, when read in conjunction, must be construed as authorizing the action prison officials took against Hanvey. Therefore, we affirm the district court's denial of relief to Hanvey for the reasons it stated in Hanvey v. Blankenship, 474 F. Supp. 1349 (W.D.Va. 1979).

AFFIRMED.


Summaries of

Hanvey v. Blankenship

United States Court of Appeals, Fourth Circuit
Sep 25, 1980
631 F.2d 296 (4th Cir. 1980)

affirming dismissal of § 1983 complaint alleging due process violation when VDOC confiscated contraband

Summary of this case from Johnson v. Johnson

In Hanvey v. Blankenship, 631 F.2d 296, 297 (4th Cir. 1980), the Fourth Circuit upheld the confiscation of currency in an inmate's possession in excess of amounts permitted by prison regulation, and agreed with the district court that compensation was not required.

Summary of this case from Savko v. Rollins

In Hanvey v. Blankenship, 631 F.2d 296 (4th Cir. 1980), aff'g per curiam 474 F. Supp. 1349 (W.D.Va. 1979), another due process case, the Fourth Circuit adopted the Sell reasoning and applied the statutory authority requirement as a prerequisite for due process.

Summary of this case from Blackmon v. Norris

In Hanvey, however, the Fourth Circuit found statutory authority for forfeiture of money found in an inmate's possession (and, therefore, held that there was no due process violation).

Summary of this case from Blackmon v. Norris
Case details for

Hanvey v. Blankenship

Case Details

Full title:WARREN E. HANVEY, APPELLANT, v. W. D. BLANKENSHIP, H. E. THOMPSON…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 25, 1980

Citations

631 F.2d 296 (4th Cir. 1980)

Citing Cases

Savko v. Rollins

Plaintiffs' requests for compensation for the sale proceeds of confiscated property and for reimbursement of…

In re Petition of Kermit Smith

Id. at 759. In Hanvey v. Blankenship, 474 F. Supp. 1349 (W.D. Va. 1979), aff'd per curiam, 631 F.2d 296 (4th…