Opinion

Flynn

Court
District Court, C.D. Illinois
Filed
May 14, 2026
Cited by
0 cases
Authority
More cited than 40.6%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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