French v. Heyne

547 F.2d 994
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 22, 1976
DocketNo. 75-1883
StatusPublished
Cited by72 cases

This text of 547 F.2d 994 (French v. Heyne) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
French v. Heyne, 547 F.2d 994 (7th Cir. 1976).

Opinion

WOOD, Circuit Judge.

This appeal is from an order dismissing for failure to state a claim upon which relief can be granted a pro se petition filed under 42 U.S.C. § 1983 by several inmates presently incarcerated at the Indiana State Reformatory in Pendleton, Indiana. The petition alleges that conditions at the reformatory are violative of plaintiffs’ rights under the First, Eighth and Fourteenth Amendments of the United States Constitution. Specifically plaintiffs allege that: 1) educational programs at the reformatory are obsolete, defective, and do not reform or rehabilitate; 2) vocational training programs at the reformatory are offered only to those inmates with short indeterminate sentences, and are never provided to inmates with longer indeterminate and determinate sentences; 3) instructors and teachers offer only compulsory assistance, and that only inmates who already possess self-motivation learn from the program; 4) in-classroom experience and instruction is almost non-existent; 5) educational programs are made available to those who do not already possess high school degrees but are not available to those with high school degrees; 6) vocational programs are available to those who do not already possess a vocational trade, and those who already possess a vocational trade are denied participation in vocational programs; 7) inmates at the reformatory are prohibited from soliciting funds from interested corporations and individuals for educational programs; 8) a study release program was discontinued for no good reason; and 9) veterans are denied use of their benefits due to the lack of educational programs.

In its order dismissing the complaint the district court held that decisions by state administrators regarding educational services do not raise federal constitutional questions or constitute proper subjects for relief under § 1983. See United States ex rel. Cleggett v. Pate, 229 F.Supp. 818 (N.D.Ill. 1964). Because we believe this broad holding is insufficient to dispose of all of plaintiffs’ claims, we affirm in part, and vacate and remand in part with instructions, the judgment entered below.1

We approach the questions raised in this appeal mindful that “a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). Equally applicable here is the admonition that pro se complaints, due to the lack of legal expertise that accompanies their preparation, are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972).

EQUAL PROTECTION

Plaintiffs submit that the allegations regarding the limitation of vocational training programs to those prisoners with short indeterminate sentences and the denial of [997]*997any vocational or educational programs to those inmates who already possess a vocational trade or high school degree are sufficient to state a claim for violation of the Equal Protection Clause. Defendants’ answer to this argument is threefold. First, defendants contend that because there exists no constitutional right to education or rehabilitation, see San Antonio Independent School District v. Rodriquez, 411 U.S. 1, 35, 93 S.Ct. 1278, 36 L.Ed.2d 16 (1973); James v. Wallace, 382 F.Supp. 1177, 1180 (M.D.Ala.1974), any alleged deprivation to plaintiffs of programs of rehabilitation and education by virtue of the creation of such programs for other prisoners does not constitute a deprivation of a right secured by the Constitution as required by § 1983. Secondly, defendants urge that with respect to the- limitation of vocational training to those prisoners with short indeterminate sentences, the classification on its face appears to be rational so as to eliminate the necessity for any further inquiry into a rational basis. Third, with regard to the absence of rehabilitative and educational programs for those prisoners with a high school degree or a vocational skill, defendants suggest that because in a nonprison setting the state’s refusal to provide free college education while providing free high school education is not actionable under § 1983, plaintiffs’ claim must likewise fail.

It is well settled that equal protection does not require absolute equality or precisely equal advantages. Ross v. Moffitt, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974). Rather, in the absence, of fundamental rights or a suspect classification, equal protection requires only that a classification which results in unequal treatment bear some rational relationship to a legitimate state purpose. Wojick v. Levitt, 513 F.2d 725 (7th Cir. 1975).2 The requirements of the equal protection clause apply to administrative as well as legislative classifications. See Buckley v. Coyle Public School Systems, 476 F.2d 92 (10th Cir. 1973). Redress for denial of equal protection is available under § 1983. See e. g., Lindsey v. Normet, 405 U.S. 56, 92 S.Ct. 862, 31 L.Ed.2d 36 (1972); United States ex rel. Campbell v. Pate, 401 F.2d 55, 57 (7th Cir. 1968).

Defendants’ contention that equal protection is violated only when a classification deprives a group of rights otherwise secured by the Constitution is erroneous. An examination of equal protection cases reveals that although the involvement of certain fundamental rights invokes the more stringent “compelling interest” test it is by no means essential that the benefits deprived or burdens bestowed by the different treatment be otherwise guaranteed by the Constitution. See, e. g., James v. Strange, 407 U.S. 128, 92 S.Ct. 2027, 32 L.Ed.2d 600 (1972) (exemptions otherwise available to civil judgment debtors disallowed to indigent defendants from whom legal defense fees could be recovered in subsequent civil proceedings); Lindsey v. Normet, 405 U.S. 56, 92 S.Ct. 862, 31 L.Ed.2d 36 (1972) (early trial date and double bond for appeal required by forcible entry and detainer statute); Schilb v. Kuebel, 404 U.S. 357, 92 S.Ct. 479, 30 L.Ed.2d 502 (1971) (retention by state of 1% of amount of bail while no such charge levied on those released on personal recognizance); Dandridge v. Williams, 397 U.S. 471, 90 S.Ct. 1153, 25 L.Ed.2d 491 (1970) (limit on amount of welfare benefits alleged to operate against families merely because of size). This is clearly demonstrated in San Antonio Independent School District, supra, relied upon by defendants, where the Court, after determining that education is not a right guaranteed by the Constitution, 411 U.S. at 35, 93 S.Ct. 1278, nonetheless examined the Texas school-financing system and determined that the statute rationally furthered a legitimate state purpose. 411 U.S. at 55, 93 S.Ct. 1278.

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Bluebook (online)
547 F.2d 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-heyne-ca7-1976.