United States Fifth Circuit

In a prisoner's 42 U.S.C. section 1983 action against defendants alleging violations of his Eighth Amendment and due process rights arising from his placement in non-disciplinary "lockdown" status, summary judgment for defendants is affirmed where: 1) plaintiff could not show deliberate indifference because there was no record evidence he was ever placed at "substantial risk of serious harm"; and 2) plaintiff failed to show a deprivation of a cognizable liberty interest as his placement in lockdown was well "within the range of confinement to be normally expected" for a prisoner serving a life sentence for capital murder.

Appellate Information

• Decided 03/28/2008
• Published 03/31/2008

Judges

• PER CURIAM:, Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert Z. Hernandez, Jr., Abilene, TX, pro se.


• For Appellees:
  
• Harold Joseph Liller, Jr., Austin, TX, for Defendants-Appellees.