Lester Tellis v. S. Godinez

Nevada state prisoner Lester Tellis appeals pro se from a district court order granting summary judgment in favor of defendant prison officials. Tellis brought this action under 42 U.S.C. § 1983 , alleging that prison authorities violated his due process rights by withholding interest earned on funds in his personal prison bank account. 1 We reverse.

BACKGROUND

Lester Tellis is a Nevada state prisoner serving two consecutive life terms with the possibility of parole and an additional consecutive term of 109 years. He currently has $163.72 on deposit in the Nevada “prisoners’ personal property fund.”

Tellis twice requested that prison officials credit his personal property account with interest actually earned on those funds. Defendants refused, claiming that Nevada Revised Statute 209.241 grants the Director of Prisons authority to use interest earned on prisoners’ personal accounts at the director’s discretion.

Tellis then filed a pro se complaint under 42 U.S.C. § 1983 against various prison officials, alleging that officials violated his due process rights by failing to credit his account with interest earned on his funds. On cross-motions for summary judgment, the district…

dissenting:

I would welcome a constitutional right to interest, as would others in the marketplace, but there is none.

Our case law makes it clear that “the plaintiff must show that a protected property interest was taken.” Sierra Lake Reserve v. City of Rocklin, 938 F.2d 951, 956 (9th Cir.1991). Tellis has not and can not meet this burden. He relies on Nevada Revised Statutes, § 209.241 (1989), which states that the “interest and income earned ... must be credited to the [prisoners’] fund.” Tellis can not claim that he had a reasonable expectation of receiving a slice of the fund interest when, since 1981, the interest has been used to support prison law libraries and to purchase recreational equipment for the inmates. I respectfully dissent.

5 F.3d 1314 Lester TELLIS, Plaintiff-Appellant, v. S. GODINEZ, et al., Defendants-Appellees. No. 91-16296. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Sept. 28, 1993. Lester Tellis, in pro. per. George H. Taylor, Deputy Atty. Gen., Carson City, NV, for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before: GOODWIN, FARRIS, and PREGERSON, Circuit Judges. PREGERSON, Circuit Judge: 1 Nevada state prisoner Lester Tellis appeals pro se from a district court order granting summary judgment in favor of defendant prison officials. Tellis brought this action under 42 U.S.C. Sec. 1983 , alleging that prison authorities violated his due process rights by withholding interest earned on funds in his personal prison bank account. 1 We reverse. BACKGROUND 2 Lester Tellis is a Nevada state prisoner serving two consecutive life terms with the possibility of parole and an additional consecutive term of 109 years. He currently has $163.72 on deposit in the Nevada "prisoners' personal property fund." 3 Tellis twice requested that prison officials credit his personal property account with interest actually earned on…