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976 F.2d 957

Docket No. 92-2152.

Wilson v. Budney

Fifth Circuit Court of Appeals

Decided Nov. 9, 1992.

Fifth Circuit Court of Appeals · decided 1992-11-09

1 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Newland v. Georgia · Contemporary Mission, Inc. v. United States · Emmons v. McLaughlin

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1992-11-09

How this case has been cited

Cited by 32 later decisions — most recently February 2012 · most notably Whitley v. Hunt (1998), Neals v. Norwood (1995)

8 federal appellate · 1 state decisions

190199220002010decided

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.

View the full empirical analysis of this case →

¶1*958Henry J. Wilson, pro se.

¶2Before DUHÉ, BARKSDALE, and DeMOSS, Circuit Judges.

¶3PER CURIAM:

¶4A prison inmate does not have a protectable liberty or property interest in his custodial classification. Moody v. Baker, 857 F.2d 256, 257-58 (5th Cir.), cert. denied, 488 U.S. 985, 109 S.Ct. 540, 102 L.Ed.2d 570 (1988). Henry J. Wilson’s disagreement with his medical classification is insufficient to establish a constitutional violation. Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir.1991). The State was not required to permit Wilson, a mental patient, to attend classes and religious services with the general prison population. See Green v. McKaskle, 788 F.2d 1116, 1125 (5th Cir.1986).

¶5Wilson’s allegations of a conspiracy are merely conclusional and do not support an action under 42 U.S.C. § 1983. Hale v. Harney, 786 F.2d 688, 690 (5th Cir.1986) (citations omitted). His claim that he has received threats as a result of an allegedly false statement in his medical records also fails to state a constitutional violation. Emmons v. McLaughlin, 874 F.2d 351, 353 (6th Cir.1989). The district court did not abuse its discretion when it dismissed Wilson’s in forma pauperis complaint as frivolous. See Ancar v. Sara Plasma, Inc., 964 F.2d 465, 468 (5th Cir.1992).

¶6AFFIRMED.

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