From Casetext: Smarter Legal Research

Davis v. Carlson

United States Court of Appeals, Fifth Circuit
Feb 22, 1988
837 F.2d 1318 (5th Cir. 1988)

Summary

holding that BOP has no duty to transfer prisoner closer to his wife's home

Summary of this case from Bennett v. Werlinger

Opinion

No. 87-1539. Summary Calendar.

February 22, 1988.

Sidney Renee Davis, pro se.

Samuel John Major Davis, Jr., pro se.

Charles D. Cabaniss, Asst. U.S. Atty., Dallas, Tex., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Texas.

Before GEE, GARWOOD and JONES, Circuit Judges.


Samuel Davis, Jr., a federal prisoner incarcerated in Texas, and his wife, a resident of Memphis, appeal the dismissal of their pro se complaint seeking a declaratory judgment. Davis's claims all relate to the manner in which the prison is administered; and although he took some of these through the first stage of administrative channels, he did not pursue even these to the Office of General Counsel. Because he did not exhaust the available administrative remedies, his attempt to resort to the courts was properly dismissed. Lundy v. Osborn, 555 F.2d 534 (5th Cir. 1977).

Mrs. Davis's claims were also properly dismissed, although for different and disparate reasons. The first essentially requests that we order the Bureau of Prisons to transfer Davis to a prison near her residence. We have no power to do such a thing, there being no clear duty — nor, indeed, any duty — on the part of the Bureau to do that. She next attempts to raise a claim derivative from one which Davis failed to exhaust: that he might send her money derived from an income-producing job assigned him if he had one, and he would have one were it not that these are assigned on a racially discriminatory basis. This highly-speculative, attempted end-run around the exhaustion requirement cannot be countenanced and was properly dismissed. Her third claim is a complaint of the denial of conjugal visits. No such constitutional right exists, McCray v. Sullivan, 509 F.2d 1332, 1334 (5th Cir. 1975); nor are we cited to any common-law or statutory authority supporting one. Finally, Mrs. Davis asserts that Davis's incarceration violates her rights against cruel and unusual punishment. It may be, of course, that the incarceration of Davis causes inconvenience, even hardship, to Mrs. Davis; and this is, of course, most unfortunate. There is, however, no intent to punish Mrs. Davis; and unless we were empowered and prepared to declare that because of the effect on the spouse a married person cannot be punished by incarceration, her claim is doomed. We are neither, and it is.

AFFIRMED.


Summaries of

Davis v. Carlson

United States Court of Appeals, Fifth Circuit
Feb 22, 1988
837 F.2d 1318 (5th Cir. 1988)

holding that BOP has no duty to transfer prisoner closer to his wife's home

Summary of this case from Bennett v. Werlinger

holding that a court may not order the transfer of an inmate where there is no clear duty on the part of the prison to transfer said inmate

Summary of this case from HOLLIS v. PIGG

determining that a prisoner has no right to be transferred to facility closer to family

Summary of this case from Mundo-Violante v. Warden Loretto FCI

determining that a federal inmate has no right to be transferred to a facility closer to family

Summary of this case from Hamer v. Cent. Office Admin. Remedy

rejecting challenge by inmate's wife

Summary of this case from McGowan v. Brewer

stating without explanation that no constitutional right to conjugal visits exists, citing McCray v. Sullivan, 509 F.2d 1332 (5th Cir. 1975)

Summary of this case from Gerber v. Hickman
Case details for

Davis v. Carlson

Case Details

Full title:SIDNEY RENEE DAVIS AND SAMUEL JOHN MAJOR DAVIS, JR.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 22, 1988

Citations

837 F.2d 1318 (5th Cir. 1988)

Citing Cases

Grant v. Jacobs

The rules governing the waiver of tort and the bringing of an action in contract find their most frequent…

Gerber v. Hickman

For example, it is well-settled that prisoners have no constitutional right while incarcerated to contact…