United States Third Circuit

Order granting summary judgment in favor of defendant-prison-officials on claims for damages and injunctive relief, pursuant to 42 U.S.C. section 1983, is: 1) affirmed in part, where the statute of limitations on plaintiff Montanez's claims expired before he initiated the lawsuit, and no basis for equitable tolling applies; 2) reversed in part, where Department of Corrections' post-deprivation grievance procedures are insufficient to meet plaintiff Hale's procedural due process rights; 3) it would be feasible and not be overly burdensome on the government to provide a predeprivation hearing before taking funds from inmate accounts; and 4) plaintiff Hale's sentence hearing was insufficient to satisfy the Due Process Clause of the Fourteenth Amendment.

Appellate Information

• Decided 08/14/2014
• Published 08/14/2014

Judges

• Roth

Court

• United States Third Circuit

Counsel