[Download] "Lucien v. Detella" by Seventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Lucien v. Detella
• Author : Seventh Circuit U.S. Court of Appeals
• Release Date : January 13, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Rudolph Lucien, one of the circuits most frequent filers, see Lucien v. Jockisch, 133 F.3d 464 (7th Cir. 1998) (the most recent of 29 decisions this court has issued in Luciens cases), filed this suit under 42 U.S.C. sec.1983 seeking damages from the warden and other officials of his prison. He contends that the defendants violated his constitutional rights by classifying him as an escape risk and curtailing his intra-prison movement. Classifications of inmates implicate neither liberty nor property interests, see Sandin v. Conner, 515 U.S. 472 (1995); Meachum v. Fano, 427 U.S. 215 (1976), but Lucien contends that the defendants selected this classification in response to his litigation rather than his desire to change addresses, which if true makes out a constitutional claim. DeTomaso v. McGinnis, 970 F.2d 211, 214 (7th Cir. 1992). Whether the facts support the claim is another matter, which the district court did not reach-because it did not allow Lucien to file his complaint. He sought to proceed in forma pauperis, and the district court conditionally granted this motion. The condition was prepayment of $18 toward the filing fee. Lucien refused to pay, the district court then declined to file the complaint, and Lucien took an appeal.

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