From Casetext: Smarter Legal Research

Palmer v. Cain

United States Court of Appeals, Fifth Circuit
Oct 28, 2009
350 F. App'x 956 (5th Cir. 2009)

Summary

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Lightfoot v. Gilley

Opinion

No. 08-31020 Summary Calendar.

October 28, 2009.

Warren Palmer, III, Angola, LA, pro se.

Babatunde Mobolade Anima-Shaun, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Defendants-Appellees.

Appeal from the United States District Court for the Middle District of Louisiana, 3:07-CV-461.

Before DAVIS, SMITH, and DENNIS, Circuit Judges.


Warren Palmer, III, an inmate at the Louisiana State Penitentiary at Angola, filed a 42 U.S.C. § 1983 action against prison officials which the district court dismissed.

In his brief, Palmer raises two claims. First, he complains about the manner in which a disciplinary meeting was conducted before he was transferred to administrative segregation. Second, he argues that the magistrate judge improperly granted defendants' motion for summary judgment and dismissed his claim that the defendants deprived him of his right to exercise while confined in administrative segregation.

For the following reasons we affirm the district court's judgment.

Palmer's first claim fails because due process is generally not required at prison disciplinary hearings unless a hardship much more atypical or significant than Palmer's 97 days in administrative segregation is imposed. See Sandin v. Conner, 515 U.S. 472, 483-36, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995); Hernandez v. Velasquez, 522 F.3d 556, 563 (5th Cir. 2008). On his second claim, a review of the record reveals that the magistrate judge correctly determined that Palmer failed to exhaust his administrative remedies on his argument that defendants deprived him of his right to exercise while confined in administrative segregation.

Accordingly, the district court's grant of summary judgment is AFFIRMED.


Summaries of

Palmer v. Cain

United States Court of Appeals, Fifth Circuit
Oct 28, 2009
350 F. App'x 956 (5th Cir. 2009)

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Lightfoot v. Gilley

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Bentley v. Kupp

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Hughes v. Davidson

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Hinton v. Bossier Par. Police Jury

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Hall v. Manning

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Wilson v. Brown

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Jones v. Blackman

finding that due process was not required because the appellant's 97 days in administrative segregation were not sufficiently atypical or significant

Summary of this case from Price v. Johnson

finding that due process was not required because the appellant's 97 days in administrative segregation was not sufficiently atypical or significant

Summary of this case from McGuire v. Tuten
Case details for

Palmer v. Cain

Case Details

Full title:Warren PALMER, III, Plaintiff-Appellant v. Burl CAIN; Herbert Duncan; Troy…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 28, 2009

Citations

350 F. App'x 956 (5th Cir. 2009)

Citing Cases

Wilson v. Brown

See Bailey, 647 Fed. App'x at 476 (finding that, if the prisoner was confined less than approximately…

Price v. Johnson

ety and Corrections (February 25, 2020). See Bailey, 647 Fed. App'x at 476 (finding that, if the prisoner was…