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Clark v. Wilson

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Before BRISCOE, Chief Judge, TYMKOVICH and GORSUCH, Circuit Judges.

Herman T. Clark, an Oklahoma state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983 in response to the freezing of his prison trust account. Clark’s only claim on appeal is that a prison official violated his Fourteenth Amendment right to procedural due process by failing to provide notice and a hearing before freezing his account. The district court denied the prison official’s motion for summary judgment based on qualified immunity, and this appeal followed. Exercising jurisdiction under 28 U.S.C. § 1291, we REVERSE the denial of qualified immunity because Clark did not have a clearly established right in 2007 to a predeprivation hearing.

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