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HATFIELD v. SCOTT

No. 01-11364.

306 F.3d 223 (2002)

Gary Lee Hatfield; et al., Plaintiffs, Gary Lee Hatfield, Plaintiff-Appellee, v. Wayne SCOTT, etc.; et al., Defendants, Wayne Scott, Executive Director Texas Department of Criminal Justice, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 11, 2002.

Attorney(s) appearing for the Case

Larry Spain (argued), Texas Tech University, School of Law, Lubbock, TX, for Plaintiff-Appellee.

Charles Kenneth Eldred (argued), Susan M. Stith, Asst. Atty. Gen., Austin, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Appellant Wayne Scott appeals the district court's denial of his motion for summary judgment. We reverse and remand.

I. Background.

Appellee Gary Lee Hatfield is an inmate of the Texas Department of Criminal Justice ("TDCJ") who, as a prisoner since September 1997, opened an inmate trust account to be able to make purchases in the prison commissary. Inmates are not allowed to carry cash for that purpose, or...

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