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NELSON v. HEISS

Nos. 00-55523, 00-55567.

271 F.3d 891 (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.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2001.

Attorney(s) appearing for the Case

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.

Before: BROWNING, FERNANDEZ, and FISHER, Circuit Judges.

FERNANDEZ, Circuit Judge:

Tarza Nelson brought this 42 U.S.C. § 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. § 5301(a), which provides for the exempt status of veteran's benefits, was violated. The district court agreed, but determined that the Prison Officials were entitled to qualified immunity....

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