133 F.3d 612 (8th Cir. 1998), 96-3876, Parrish v. Mallinger

Docket Nº:96-3876, 97-1529.
Citation:133 F.3d 612
Party Name:Henry E. PARRISH; Yvonne L. Parrish, Plaintiffs-Appellants, v. Donald MALLINGER; Richard Larkin; Crispus Nix, Defendants-Appellees.
Case Date:January 07, 1998
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 612

133 F.3d 612 (8th Cir. 1998)

Henry E. PARRISH; Yvonne L. Parrish, Plaintiffs-Appellants,

v.

Donald MALLINGER; Richard Larkin; Crispus Nix, Defendants-Appellees.

Nos. 96-3876, 97-1529.

United States Court of Appeals, Eighth Circuit

January 7, 1998

Submitted Sept. 12, 1997.

Page 613

Phillip Mears, Iowa City, IA, argued, for Plaintiffs-Appellants.

Kristin W. Ensign, Des Moines, IA, argued, for Defendants-Appellees.

Before FAGG, WOLLMAN, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Iowa inmate Henry Parrish and his wife Yvonne brought this damage action under 42 U.S.C. § 1983 against three prison officials for seizing funds that came into Parrish's inmate account to satisfy his obligations under the Iowa Victim Restitution Act, Iowa Code ch. 910. The district court 1 initially granted summary judgment to one defendant, Richard Larkin, but granted Henry Parrish partial summary judgment against the other two, Crispus Nix and Donald Mallinger, concluding they had violated Parrish's due process rights and were not entitled to qualified immunity. Nix and Mallinger appealed the qualified immunity ruling, and we remanded for further consideration in light of two intervening decisions of the Supreme Court of Iowa, Walters v. Grossheim, 525 N.W.2d 830 (Iowa 1994), and State v. Van Hoff, 528 N.W.2d 99 (Iowa 1995). On remand, the district court granted Nix and Mallinger qualified immunity on Henry's claims, and dismissed Yvonne's claims when she failed to respond to defendants' motion for summary judgment. The Parrishes appeal. After reviewing the grant of summary judgment de novo, see Get Away Club, Inc. v. Coleman, 969 F.2d 664, 666 (8th Cir.1992), we affirm.

Iowa requires nearly all convicted offenders to pay restitution to crime victims and the State. See Iowa Code § 910.2 (1990). 2 The sentencing court determines the amount of restitution, the persons to whom it must be paid, and any public service that must be performed as restitution. See § 910.3. An offender committed to prison "shall make restitution while placed at that facility." § 910.5(1). The Department of Corrections must establish a restitution payment plan, taking into account the offender's income, family circumstances, and other individualized factors. See §§ 910.4, 910.5(1). Prison officials may deduct up to fifty percent of an inmate's prison earnings and allowances for restitution payments. See Iowa Admin. Code § 201-20.11(7) (1991). Restitution may also be deducted "from a credit to an inmate's account from an outside source by written authorization from the inmate, approval from the warden/superintendent, or by court order." Iowa Admin. Code § 201-20.11(10). An inmate may at any time petition the sentencing court "on any matter related to the plan of restitution or restitution plan of payment." § 910.7; see State v. Van Hoff, 415 N.W.2d 647, 649 (Iowa 1987).

Page 614

Prior to April 1991, the Iowa State Penitentiary, where Henry Parrish was incarcerated, published to inmates a Policy & Procedure Statement adopting the above-referenced restitution payment standards. On April 12, 1991, the Linn County District Court issued three restitution orders establishing Parrish's total restitution obligation at $1106.97. Later that month, Parrish received $650 from his mother. Parrish deposited the money in his inmate account and requested that $456 be paid to his wife. On April 23, Warden Nix approved Parrish's restitution payment plan, which provided that "[p]ayments will consist of 20 percent of my institutional allowance." Also on April 23, Warden Nix approved a staff recommendation that the $650 from Parrish's mother be applied to his restitution obligation. On April 25, the prison issued a $456 check to Yvonne Parrish. The next day, Mallinger, the prison Business Manager, learned that Warden Nix had previously approved applying the entire $650 against Parrish's restitution debt...

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