Laue v. Johnson

Fifth Circuit

Laue v. Johnson

117 F. App'x 365

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 29, 2004

Docket04-20486

StatusUnpublished

Cited by1 cases

This text of 117 F. App'x 365 (Laue v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Laue v. Johnson, 117 F. App'x 365 (5th Cir. 2004).

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Opinion

PER CURIAM: *

Eugene Laue, Texas prisoner # 255017, appeals the district court’s dismissal of his *366 42 U.S.C. § 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915A. Laue challenges his continued incarceration in administrative segregation despite his renunciation of his gang membership. This court reviews dismissals under 28 U.S.C. § 1915A de novo. Velasquez v. Woods, 329 F.3d 420, 421 (5th Cir.2003). A complaint may be dismissed as frivolous “if it lacks any arguable basis in law or fact.” Harris v. Hegmann, 198 F.3d 153, 156 (5th Cir.1999).

Because Laue has alleged that his placement in administrative segregation was not based on his initial classification, review is under the familiar test of Sandin v. Conner, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). See Wilkerson v. Stalder, 329 F.3d 431, 436 (5th Cir.2003), cert. denied, 540 U.S. 966, 124 S.Ct. 432, 157 L.Ed.2d 310 (2003). We will assume arguendo that Laue’s eight years of confinement in administrative segregation constitutes an “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” Sandin, 515 U.S. at 484.

The ultimate question is whether a prisoner was afforded the process he was due under the Constitution. See Sandin, 515 U.S. at 483-84. Laue’s pleadings do not specifically allege how the prison’s review procedures were insufficient. However, the grievances he submitted reflect that prison officials have investigated his renunciation of his gang membership, that officials have determined his renunciation to be valid, and that he is awaiting placement in a special program for former gang members. We conclude that Laue’s corn-plaint does not reflect that he has been denied due process.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *366 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Eugene Laue, Texas prisoner # 255017, appeals the district court’s dismissal of his *366 42 U.S.C. § 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915A. Laue challenges his continued incarceration in administrative segregation despite his renunciation of his gang membership. This court reviews dismissals under 28 U.S.C. § 1915A de novo. Velasquez v. Woods, 329 F.3d 420, 421 (5th Cir.2003). A complaint may be dismissed as frivolous “if it lacks any arguable basis in law or fact.” Harris v. Hegmann, 198 F.3d 153, 156 (5th Cir.1999).

Because Laue has alleged that his placement in administrative segregation was not based on his initial classification, review is under the familiar test of Sandin v. Conner, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). See Wilkerson v. Stalder, 329 F.3d 431, 436 (5th Cir.2003), cert. denied, 540 U.S. 966, 124 S.Ct. 432, 157 L.Ed.2d 310 (2003). We will assume arguendo that Laue’s eight years of confinement in administrative segregation constitutes an “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” Sandin, 515 U.S. at 484.

The ultimate question is whether a prisoner was afforded the process he was due under the Constitution. See Sandin, 515 U.S. at 483-84. Laue’s pleadings do not specifically allege how the prison’s review procedures were insufficient. However, the grievances he submitted reflect that prison officials have investigated his renunciation of his gang membership, that officials have determined his renunciation to be valid, and that he is awaiting placement in a special program for former gang members. We conclude that Laue’s corn-plaint does not reflect that he has been denied due process.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *366 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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