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Clark v. Wilson, No. 09-6219

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By FindLaw Staff on November 22, 2010 3:59 PM

Action Based on Freezing of Prisoner's Trust Account

In Clark v. Wilson, No. 09-6219, a civil rights action under 42 U.S.C. section 1983 in response to the freezing of plaintiff's prison trust account, the court reversed the denial of summary judgment based on qualified immunity, holding that plaintiff did not have a clearly established right in 2007 to a predeprivation hearing.

As the court wrote:  "Herman T. Clark, an Oklahoma state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983 in response to the freezing of his prison trust account. Clark's only claim on appeal is that a prison official violated his Fourteenth Amendment right to procedural due process by failing to provide notice and a hearing before freezing his account."

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