Nelson v. Heiss

271 F.3d 891 (9th Cir. 2001) TARZA R. NELSON, PLAINTIFF-APPELLANT-CROSS-APPELLEE, v. BARBARA HEISS; K.W. PRUNTY, WARDEN; JAMES GOMEZ, DIRECTOR OF CORRECTIONS; DOES I THROUGH X, INCLUSIVE; SYLVIA H. GARCIA, DEFENDANTS-APPELLEES-CROSS-APPELLANTS, AND DOES I THROUGH X, INCLUSIVE, DEFENDANT. Nos. 00-55523, 00-55567 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Submitted October 17, 2001 * Filed November 21, 2001 Tarza R. Nelson, Coalinga, California, for the plaintiff/ appellant/cross-appellee. Diane de Kervor, Deputy Attorney General, San Diego, California, for the defendants/appellees/cross-appellants. Appeal from the United States District Court for the Southern District of California; Irma E. Gonzalez, District Judge, Presiding. D.C. No. CV-98-00805-IEG Before: Browning, Fernandez, and Fisher, Circuit Judges. FERNANDEZ, Circuit Judge: 1 Tarza Nelson brought this 42 U.S.C. &#167 1983 action against officials of the California Department of Corrections, 1 after holds were placed upon his inmate trust account. His principal contention was that 38 U.S.C. &#167 5301(a), which provides for the exempt status of veteran's benefits, was violated. The district court agreed,…