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Property Law Keyed to Dukeminier
Hawkins v. Mahoney
Citation:
990 P.2d 776 (Mont. 1999)Facts
Sherman Hawkins was an inmate at Montana State Prison who escaped on July 12, 1997. Immediately after his escape, prison officials packed his personal property, sealed it with security tape, labeled the boxes with his name, and placed them in the prison storage room. Hawkins was apprehended and returned to prison two days later on July 14, 1997. Upon his return, he was placed in administrative segregation and later found guilty of escape, receiving sanctions including disciplinary segregation and loss of good-time. Over the next 30 days, Hawkins repeatedly requested the return of his property. In September 1997, officials allowed him to retrieve his legal papers but informed him that by policy, an escaped inmate’s property is considered abandoned and would be destroyed or sold. His remaining property, valued at approximately $2,290, included a television, stereo, word processor, eyeglasses, and books, which were subsequently destroyed or sold by prison officials.
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