Lester Shinault v. Dick Hawks

Lester Shinault (“Shinault”) appeals the adverse grant of summary judgment on his claim that state officials violated his rights under the Eighth and Fourteenth Amendments when the Oregon Department of Corrections (“ODOC”) froze more than $60,000 in his inmate trust account to recover the cost of his incarceration. The district court held that Shinault received sufficient process because the State held a hearing prior to withdrawing the funds and that he did not suffer an injury under the Eighth Amendment. We affirm the district court on the Eighth Amendment claim because a state’s obligation to provide medical care does not extend to shielding assets in inmate accounts. We disagree with the district court’s due process determination because a state must provide a pre-deprivation hearing before freezing substantial inmate assets. Yet, we ultimately affirm on the basis of qualified immunity because the constitutional obligation was not clearly established at the time of the conduct.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Lester Shinault was incarcerated with ODOC from May 19, 2005, until February 5, 2007, and again from October 23, 2008, until August 14, 2009, for…