581 F.2d 94 - Martin v. Blackburn — 581 F.2d 94

How this case has been cited

Cited by 9 later decisions — most recently August 2013

3 federal appellate · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Summary Calendar.*

¶2Oliver Martin, Jr., pro se.

¶3Joseph White, pro se.

¶4J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., for defendants-appellees.

¶5Before MORGAN, CLARK and TJO-FLAT, Circuit Judges.

¶7PER CURIAM:

¶8The 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.

¶9As 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).

¶10AFFIRMED.