From Casetext: Smarter Legal Research

Henry v. Van Cleve

United States Court of Appeals, Fifth Circuit
Dec 4, 1972
469 F.2d 687 (5th Cir. 1972)

Summary

finding equal protection claim where prisoner alleged racial discrimination in application of visiting privileges

Summary of this case from Daye v. Rubenstein

Opinion

No. 72-2783. Summary Calendar.

Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.

December 4, 1972.

Willie James Henry, pro se.

William J. Baxley, Atty. Gen., L. B. Sullivan, Commissioner, Alabama Board of Corrections, Montgomery, Ala., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Alabama.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.



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. 1969). 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 evidentiary hearing to determine the validity of appellant's assertions.

Vacated and remanded.


Summaries of

Henry v. Van Cleve

United States Court of Appeals, Fifth Circuit
Dec 4, 1972
469 F.2d 687 (5th Cir. 1972)

finding equal protection claim where prisoner alleged racial discrimination in application of visiting privileges

Summary of this case from Daye v. Rubenstein

recognizing prisoners' right to be free from race discrimination

Summary of this case from Robinson v. Unknown Name Pers. in Charge

visiting privileges cannot be denied because of race

Summary of this case from Hilliard v. Board of Pardons and Paroles
Case details for

Henry v. Van Cleve

Case Details

Full title:WILLIE JAMES HENRY, PLAINTIFF-APPELLANT, v. D. M. VAN CLEVE, WARDEN AND J…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 4, 1972

Citations

469 F.2d 687 (5th Cir. 1972)

Citing Cases

Salinas v. Dillman

III. "RACIAL PROFILING" Plaintiff states that he "and all individuals with Hispanic names" at Green Rock have…

Robinson v. Unknown Name Pers. in Charge

A claim that medical services are denied on the basis of race is actionable. See Henry v. Van Cleve, 469 F.2d…