United States Fifth Circuit

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Hernandez v. Velasquez, 06-40426

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.