Lester Shinault v. Dick Hawks

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LESTER R. SHINAULT, No. 13-35290 Plaintiff-Appellant, D.C. No. v. 3:11-cv-00436- PK

DICK HAWKS; TAMI DOHRMAN;

MARTHA MCDANIEL; OREGON

DEPARTMENT OF CORRECTIONS ORDER AND

GENERAL SERVICE DIVISION, AMENDED

Defendants-Appellees. OPINION

Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Argued and Submitted December 8, 2014—Seattle, Washington

Filed January 22, 2015 Amended April 6, 2015

Before: Michael Daly Hawkins, M. Margaret McKeown, and Richard C. Tallman, Circuit Judges.

Order; Opinion by Judge Hawkins SUMMARY*

Prisoner Civil Rights

The panel affirmed the district court’s summary judgment in an action brought by an Oregon state prisoner alleging that state officials violated his rights under the Fourteenth and Eighth Amendments when the Oregon Department of Corrections froze more than $60,000 in his inmate trust account to recover the cost of his incarceration.

Plaintiff received a $107,416.48 settlement from a medical…