$4.28 Awarded to Prisoner; Wins Summary Judgment
$4.28 Awarded to Prisoner; Wins Summary Judgment
New Mexico state prisoner William McGhee sued state prison officials in federal court after they took $78.00 from his prison account to cover the cost of a damaged law book. McGhee asked for recovery of the funds, plus punitive and other damages, and interest.
The case began when McGhee was accused of damaging a law book. The prison took $78.00 from McGhee's account without giving him a hearing to determine if he did in fact damage the book.
The funds were later returned to McGhee's account, but McGhee had already sued for loss of use of the funds, interest, and for punitive damages.
Prison officials filed for summary judgment, stating that they gave the money back to McGhee and that he is not entitled to interest because prisoner accounts are not interest bearing.
Noting that prison officials provided no documentation and cited to no authority to support their contention that prisoner accounts are not interest bearing, the court calculated that McGhee was entitled to $3.28 in interest, as compensatory damages. The court denied McGhee's other claims for mental anguish and injuries to the quality of his life due to not being able to buy hygiene and commissary items during the time the prison had his money.
Further, the court held that McGhee was not entitled to punitive damages because they "are available only for conduct which is shown to be motivated by evil motive or intent" or involves "reckless or callous indifference" to civil rights. The denial of use of his money, said the court, did not meet that standard.
McGhee was, however, given "nominal damages" in the amount of $1.00, bringing his total award to $4.28. See: McGhee v. Biamont, U.S.D.C. (S.D. N.M.), Case no. 6:07-cv-00609.
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Related legal case
McGhee v. Biamont
| Year | 2009 |
|---|---|
| Cite | U.S.D.C. (S.D. N.M.), Case no. 6:07-cv-00609 |
| Level | District Court |
| Conclusion | Bench Verdict |
| Damages | 4.28 |