Hawkins v. Mahoney
Supreme Court of Montana
990 P.2d 776 (Mont. 1999)
Sherman Hawkins (plaintiff) escaped from prison and his personal belongings in his cell were put into prison storage. A couple of days later, Hawkins was caught and returned to prison. He asked for his personal belongings to be returned, but the prison’s policy was that if an inmate escaped, he effectively abandoned his personal belongings and they would be destroyed or sold. Subsequently, Hawkins’s belongings were removed from the storage room and either destroyed or sold. Hawkins filed suit against five Montana State Prison officials and the State of Montana (defendants), claiming that the prison destroyed his property without due process of law. The district court ruled against Hawkins, finding that he had abandoned his property when he escaped from prison. Hawkins appealed.
Rule of Law
Holding and Reasoning (Trieweiler, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.