Ronald L. Jordan v. Travis Jones, Sgt. B. Worthy, and Lt. Matthew Hensley

Sixth Circuit

Ronald L. Jordan v. Travis Jones, Sgt. B. Worthy, and Lt. Matthew Hensley

625 F.2d 750, 1980 U.S. App. LEXIS 15632

CourtCourt of Appeals for the Sixth Circuit

DecidedJuly 17, 1980

Docket79-1480

StatusPublished

Cited by5 cases

This text of 625 F.2d 750 (Ronald L. Jordan v. Travis Jones, Sgt. B. Worthy, and Lt. Matthew Hensley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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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Ronald L. Jordan v. Travis Jones, Sgt. B. Worthy, and Lt. Matthew Hensley, 625 F.2d 750, 1980 U.S. App. LEXIS 15632 (6th Cir. 1980).

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Opinion

PER CURIAM.

This is a pro se appeal by appellant Jordan from the action of the District Court dismissing his civil rights action under § 1983. Judge Joiner held on uncontested facts that defendant’s motion under Federal Rule of Civil Procedure 12(b)(5) should be granted since appellant’s complaint failed to state a claim under which relief could be granted.

Essentially, plaintiff asserted that he was subjected to three days of “top-lock” isolation as a penalty for failing to stop playing cards when ordered to do so by a corrections officer at the State Prison of Southern Michigan. His complaint sought $50.00 of compensatory damages for each day of confinement to his cell. He also sought punitive damages of $150,000 against the corrections officer who brought the charge and the hearing officer who found him guilty of disobeying a direct order and ordered the penalty of three days of “top-lock” confinement with credit for the three days already served.

We believe that the holding of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) serves to bar any cause of action for plaintiff in relation to his due process claims pertaining to the hearing officer. Further, the three days separation of plaintiff from the prison population and its normal privileges while re *751 stricted to his own cell, do not present a federal constitutional issue. See Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) and Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979).

The judgment of the District Court is affirmed.

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PER CURIAM.

This is a pro se appeal by appellant Jordan from the action of the District Court dismissing his civil rights action under § 1983. Judge Joiner held on uncontested facts that defendant’s motion under Federal Rule of Civil Procedure 12(b)(5) should be granted since appellant’s complaint failed to state a claim under which relief could be granted.

Essentially, plaintiff asserted that he was subjected to three days of “top-lock” isolation as a penalty for failing to stop playing cards when ordered to do so by a corrections officer at the State Prison of Southern Michigan. His complaint sought $50.00 of compensatory damages for each day of confinement to his cell. He also sought punitive damages of $150,000 against the corrections officer who brought the charge and the hearing officer who found him guilty of disobeying a direct order and ordered the penalty of three days of “top-lock” confinement with credit for the three days already served.

We believe that the holding of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) serves to bar any cause of action for plaintiff in relation to his due process claims pertaining to the hearing officer. Further, the three days separation of plaintiff from the prison population and its normal privileges while re *751 stricted to his own cell, do not present a federal constitutional issue. See Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) and Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979).

The judgment of the District Court is affirmed.

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625 F.2d 750, 1980 U.S. App. LEXIS 15632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronald-l-jordan-v-travis-jones-sgt-b-worthy-and-lt-matthew-hensley-ca6-1980.

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