Schneider

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

On February 11, 2000, the Court heard argument on a motion for summary judgment by defendant C.A. Terhune, Director of the California Department of Corrections (“CDC”) and a motion for preliminary injunction by plaintiffs. Having carefully considered the arguments of counsel and the papers submitted, the Court GRANTS defendant’s motion for summary judgment and DENIES plaintiffs’ motion for preliminary injunction.

BACKGROUND

1. Procedural History

Plaintiffs are fifteen current and former California inmates who have brought a § 1983 action against defendants California Department of Corrections (“CDC”), James Gomez, former Director of the CDC, and C.A. Terhune, current Director of the CDC. Plaintiffs allege that defendants committed an unconstitutional taking and violated prisoners’ equal protection rights by failing to pay interest on funds deposited by prisoners in Inmate Trust Accounts (“ITAs”).

On March 24, 1997, this Court held that plaintiffs did not possess a property interest in the interest income earned on money placed in ITAs and dismissed plaintiffs’…