Hawkins v. Mahoney
Supreme Court of Montana
990 P.2d 776 (1999)
Sherman Hawkins (plaintiff) escaped from prison, and his personal belongings were placed into prison storage. He was recaptured within days and asked for his property back, but prison policy treated an escape as automatic abandonment of an inmate's belongings, which were then destroyed or sold. Hawkins sued several Montana prison officials and the state (defendants), arguing his property was destroyed without due process. The trial court ruled against him, finding that escaping the prison meant he had abandoned his property as a matter of law. Hawkins appealed.
Whether an inference that a person intended to abandon his property, based solely on his own acts (here, escaping from prison), is a conclusive presumption or one that can be rebutted.