WILLIE JAMES HENRY, PLAINTIFF-APPELLANT,
v.
D. M. VAN CLEVE, WARDEN AND J. W. ROSS, CAPTAIN OF THE GUARDS, DEFENDANT-APPELLEE
WILLIE JAMES HENRY, PLAINTIFF-APPELLANT,
D. M. VAN CLEVE, WARDEN AND J. W. ROSS, CAPTAIN OF THE GUARDS, DEFENDANT-APPELLEE
469 F.2d 687
Court of Appeals for the Fifth Circuit (1972)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM:
Appellant, an inmate of an Alabama state prison, brought suit under 42 U.S.C. § 1983, claiming that the defendants, the warden and captain of the prison guards, denied him visiting privileges only because he is a Negro. He alleged that he was denied the privilege of visits from his family while white inmates in the same circumstances were allowed visitations. The District Court dismissed the suit without calling for a response, on the ground that it should not interfere in the internal management of prisons except in exceptional cases where prison officials have abused the wide discretion allowed them. See Conklin v. Wainwright, 424 F. 2d 516 (5th Cir. 1970); Diehl v. Wainwright, 419 F. 2d 1309 (5th Cir. 1970); Granville v. Hunt, 411 F. 2d 9 (5th Cir. 1909).
We have, however, consistently recognized that an infringement upon the constitutional right of inmates to be free from racial discrimination requires the scrutiny of federal courts. Jackson v. Godwin, 400 F. 2d 529 (5th Cir. 1968); Burroughs v. Wainwright, 464 F. 2d 1027 [5th Cir., 1972], Beard v. Lee, 396 F. 2d 749 (5th Cir. 1968).
That principle requires that we vacate the judgment below and remand to allow, the District Court to call for a response from the state and, if necessary, hold an evidenti-ary hearing to determine the validity of appellant’s assertions.
Vacated and remanded.
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Citator
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L.D. Hilliard v. Bd. OF Pardons & Paroles, 759 F.2d 1190 (5th Cir. 1985)
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Barlow v. Al Amiss, 477 F.2d 896 (5th Cir. 1973)
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Holland v. Connors, 491 F.2d 539 (5th Cir. 1974)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Granville v. Hunt, 411 F.2d 9 (5th Cir. 1969)
- Jackson v. Godwin, 400 F.2d 529 (5th Cir. 1968)
- Beard v. LEE, 396 F.2d 749 (5th Cir. 1968)
- Diehl v. Louie L. Wainwright, 419 F.2d 1309 (5th Cir. 1970)
- Conklin v. Louie L. Wainwright, 424 F.2d 516 (5th Cir. 1970)
- Burroughs v. Louie L. Wainwright, 464 F.2d 1027 (5th Cir. 1972)