Monday, April 14, 2014

Flores v. California Department of Corrections and Rehabilitation (Cal. Ct. App. - Feb. 27, 2014)

Guards find a "floater" in plaintiff's cell.  No, a "floater" is not what you might think.  It's a piece of property in cell that doesn't have a serial number that ties it to a particular cell.  So they confiscate it.

The prisoner files a writ.  Saying, essentially, "I want my [M]TV."  Because they took his television and will not give it back.

The Court of Appeal says that's not a proper use of a writ.  You've got to file a civil suit.

No floater for you.  At least for now.