Robert Alan Grote v. Lacy Scott, Business Manager Sam Lewis

Good Law
51 F.3d 280·1995 WL 139270·1995 U.S. App. LEXIS 23673
United States Court of Appeals for the Ninth CircuitMarch 29, 199594-15603California423 words

Opinion

Opinion

51 F.3d 280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Alan GROTE, Plaintiff-Appellant, v. Lacy SCOTT, Business Manager; Sam Lewis, Defendants-Appellees. No. 94-15603. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 29, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Robert Alan Grote appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action, alleging prison officials violated his procedural due process rights by not properly accounting for the funds in his inmate account. There is no violation of procedural due process for the deprivation of property by a state employee where "adequate state post-deprivation remedies are available." Hudson v. Palmer, 468 U.S. 517, 533 (1984). Grote contends that Arizona does not provide any adequate state post-deprivation remedy for an indigent petitioner, such as himself, by virtue of the operation of Arizona…

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