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SCHNEIDER v. CALIFORNIA DEPT. OF CORRECTIONS

No. 97-15820.

151 F.3d 1194 (1998)

Paul John SCHNEIDER; Todd Lewis Ashker; Brian Devlin Healy; Steve Olivares; Dwayne McElwee; Earl Wilson; Anthony Lee Likai; Daniel Demarco; Michael Ray Hanline; Katherine Caldwell; Theresa Fredericks, and Rick Terflinger, Plaintiffs-Appellants, v. CALIFORNIA DEPARTMENT OF CORRECTIONS; James Gomez, in His Capacity as Former Director of the Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 23, 1998.

Resubmitted July 1, 1998.

Decided August 4, 1998.

Attorney(s) appearing for the Case

Herman A.D. Franck V, Franck & Associates, San Francisco, CA, for plaintiffs-appellants.

Allen R. Crown, Deputy Attorney General, San Francisco, CA, for defendants-appellees.

Before: SNEED, WOOD, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are asked to decide whether the California Department of Corrections' policy of withholding from prisoners the interest that is earned on their inmate trust accounts contravenes the Takings Clause of the Fifth Amendment.

I

The appellants are inmates currently and formerly incarcerated at several California state prisons. For security reasons, inmates are not permitted under California law to possess money while in prison...

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