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United States Ninth Circuit


MCINTYRE v. BAYER, 01-55169

Further factual development is needed to determine whether a state inmate suffered any net loss entitling him to compensation, in a claim alleging an unconstitutional taking via a Nevada statute requiring that interest generated by inmate trust accounts be retained by prison authorities and expended for the benefit of the prison population.

Appellate Information

  • Decided 08/13/2003
  • Published 08/13/2003

Judges

  • Before STAPLETON,O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Jerry Dempsey McIntyre, Carson City, Nevada, filed briefs pro se.

  • For Appellees:
  • Frankie Sue Del Papa, Attorney General of the State of Nevada, Carson City, Nevada, and Gabriel D. Lither, Deputy Attorney General, filed a brief for the defendant-appellee.
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