Johnson v. King
85 So. 3d 307
Miss. Ct. App.2012Background
- SMCI confiscated all inmates' 16-ounce opaque mugs due to concealment of contraband; Johnson's mug was among them.
- Johnson bought his mug with inmate funds; no evidence he altered it.
- Johnson filed MDOC ARP requests (May–Aug 2010) seeking replacement or reimbursement; initial denials followed by exhaustion of ARP.
- Circuit court affirmed ARP denial; Johnson sued in Greene County Circuit Court for constitutional violation.
- Court of Appeals reversed and rendered: inappropriate taking without just compensation; ordered replacement mug or reimbursement; costs to appellee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Takings claim under MS Const. Art. 3 §17 | Johnson asserts unconstitutional taking without compensation. | MDOC/SMCI argue security-based confiscation allowed; no improper taking. | Unconstitutional taking; reversal and render: replacement or reimbursement required. |
| Inmate property rights under confinement | Inmates retain protections against permanent deprivation of property. | Prison may deprive under security and management concerns. | Constitutional rights applicable; taking without just compensation violated; need remedy. |
Key Cases Cited
- Hudson v. Palmer, 468 U.S. 517 (U.S. 1984) (prisoners' rights restricted but not abated; cell searches and seizures.)
- Robinson v. State, 312 So. 2d 15 (Miss. 1975) (cell not private; no expectation of privacy in prison.)
- City of Vicksburg v. Herman, 16 So. 434 (Miss. 1894) (due compensation for damages from public use.)
- Pearl River Valley Water Supply Dist. v. Wood, 160 So. 2d 917 (Miss. 1964) (whether proposed use is public is a judicial question.)