two weeks denial of commissary privileges does not implicate liberty interest
How later courts described this case
- two weeks denial of commissary privileges does not implicate liberty interest
- 30 days denial of commissary does not create a liberty interest
- demotion to C-grade for six months does not implicate federal due process rights
- “[A] violation of state law is not a ground for a federal civil rights suit.”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
CHARLES FLYNN, )
)
Plaintiff, )
)
v. ) 3:25-cv-03386-SEM-DJQ
)
STEVEN CAMPBELL, et al. )
)
Defendants. )
ORDER
Plaintiff, proceeding pro se and presently incarcerated at
Lawrence Correctional Center, alleges Defendants violated his
Fourteenth Amendment right to due process in their handling of his
request for protective custody.
The Court must “screen” Plaintiff’s complaint and identify and
dismiss any legally insufficient claim. 28 U.S.C. § 1915A. A claim is
legally insufficient if it “(1) is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or (2) seeks monetary relief
from a defendant who is immune from such relief.” Id.
The Court accepts factual allegations as true, liberally
construing them in the plaintiff’s favor. Turley v. Rednour, 729 F.3d
645, 649 (7th Cir. 2013). Conclusory statements and labels are
insufficient – facts alleged must “state a claim for relief that is
plausible on its face.” Alexander v. United States, 721 F.3d 418, 422
(7th Cir. 2013).
Allegations
Plaintiff names as Defendants Graham Correctional Center
administrative officers Steven Campbell and Jeremiah Brown,
Administrative Review Board member Margaret Madole, IDOC
Director Latoya Hughes, Doe Defendants, ARB member Ryan
Rothnagle, Intelligence Officer Gonzales, Intelligence Officer Rich,
Unknown Vulnerable Legal Classification Revocation Personnel, and
ARB chairperson Michael Clemons.
Plaintiff contends that the United States Constitution entitles
him to certain procedural process regarding Defendants’ rulings
and decisions on his placement, classification, and requests to be
placed in protective custody. He puts forth extensive allegations
related to reasons he believes certain placement decisions were
made in error and without proper procedural process, according to
Illinois law and administrative regulations.
Analysis
An inmate does not have a protected liberty interest to be
housed in any specific correctional center within the state prison
system. See Lekas v. Briley, 405 F.3d 602, 609 (7th Cir. 2005) (“[A]
prisoner may be transferred from one state prison to another
without implicating the inmate’s liberty interest—even where the
conditions of the destination prison are “much more disagreeable”
than those of the originating prison.”).
Likewise, an inmate does not have a protected liberty interest
in any specific classification level or placement within a prison
facility (unless the given conditions of confinement amount to an
atypical and significant hardship in relation to the significant
curtailment of liberty incidental to all prison life). Thomas v. Ramos,
130 F.3d 754, 762 n.8 (7th Cir. 1997) (citing Moore v. Pemberton,
110 F.3d 22, 23 (7th Cir. 1997) (two weeks denial of commissary
privileges does not implicate liberty interest); Madison v. Parker, 104
F.3d 765, 768 (5th Cir. 1997) (30 days denial of commissary does
not create a liberty interest); Whitford v. Boglino, 63 F.3d 527, 533
n.7 (7th Cir. 1995) (demotion to C-grade for six months does not
implicate federal due process rights)).
And Plaintiff’s allegations that Illinois prison officials failed to
follow Illinois regulations or statutes related to the processing of his
requests do not state a federal claim. Guarjardo-Palma v. Martinson,
622 F.3d 801, 806 (7th Cir. 2010) (“[A] violation of state law is not a
ground for a federal civil rights suit.”).
IT IS THEREFORE ORDERED:
1. Plaintiff's Amended Complaint is dismissed without
prejudice because it does not state a claim for relief.
2. Plaintiff is allowed 28 days to file a motion for leave to
amend, with attached proposed amended complaint, if
he believes he can plausibly state a federal claim. If the
proposed amended complaint still does not state a
claim the case will be dismissed.
Entered this 14th day of May, 2026.
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT
JUDGE