Oliver Martin, Jr. And Joseph White, Etc. v. Frank Blackburn, Etc.

Fifth Circuit

Oliver Martin, Jr. And Joseph White, Etc. v. Frank Blackburn, Etc.

581 F.2d 94, 1978 U.S. App. LEXIS 8772

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 27, 1978

Docket77-3149

StatusPublished

Cited by9 cases

This text of 581 F.2d 94 (Oliver Martin, Jr. And Joseph White, Etc. v. Frank Blackburn, Etc.) 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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Oliver Martin, Jr. And Joseph White, Etc. v. Frank Blackburn, Etc., 581 F.2d 94, 1978 U.S. App. LEXIS 8772 (5th Cir. 1978).

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Opinion

PER CURIAM:

The appellants, inmates at Louisiana State Penitentiary, Angola, Louisiana, appeal the dismissal of their civil rights action brought under 42 U.S.C. § 1983 against several state prison and corrections department officials. Appellants’ complaint challenges the manner in which the penitentiary’s Adult Rules, Regulations and Disciplinary Procedures were amended, alleging that the Louisiana Administrative Procedures Act, La.R.S. 49:951-968 was not followed.

As we have previously stated, “The claim that state officials have failed to follow the procedural provisions of state law, without more, does not aver a cause of action under § 1983. McDowell v. Texas, 465 F.2d 1342 (5th Cir. 1972) (en banc).” Shields v. Hopper, 519 F.2d 1131, 1132 (5th Cir. 1975). No matter how liberally the complaint in this case is construed, Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), no set of facts, if proved, would entitle the appellants to relief. Accordingly, the district court’s dismissal of the action is correct. Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); see also Howard v. Lemmons, 547 F.2d 290 (5th Cir. 1977).

AFFIRMED.

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PER CURIAM:

The appellants, inmates at Louisiana State Penitentiary, Angola, Louisiana, appeal the dismissal of their civil rights action brought under 42 U.S.C. § 1983 against several state prison and corrections department officials. Appellants’ complaint challenges the manner in which the penitentiary’s Adult Rules, Regulations and Disciplinary Procedures were amended, alleging that the Louisiana Administrative Procedures Act, La.R.S. 49:951-968 was not followed.

As we have previously stated, “The claim that state officials have failed to follow the procedural provisions of state law, without more, does not aver a cause of action under § 1983. McDowell v. Texas, 465 F.2d 1342 (5th Cir. 1972) (en banc).” Shields v. Hopper, 519 F.2d 1131, 1132 (5th Cir. 1975). No matter how liberally the complaint in this case is construed, Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), no set of facts, if proved, would entitle the appellants to relief. Accordingly, the district court’s dismissal of the action is correct. Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); see also Howard v. Lemmons, 547 F.2d 290 (5th Cir. 1977).

AFFIRMED.

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581 F.2d 94, 1978 U.S. App. LEXIS 8772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-martin-jr-and-joseph-white-etc-v-frank-blackburn-etc-ca5-1978.

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