DeMarco v. Davis

by
Plaintiff, an inmate at the Allred Unit of the TDCJ, filed a 42 U.S.C. 1983 action against an officer at the Allred Unit, a disciplinary captain, and the former director of TDCJ. The Fifth Circuit affirmed in part, holding that plaintiff's due process claim regarding the disciplinary hearing must be raised in a habeas corpus petition and plaintiff's due process claim regarding the seizure of his personal property was not cognizable under section 1983. The court also held that the district court correctly dismissed plaintiff's claim that he was denied access to the courts because he failed to establish the actual harm necessary, and the retaliation claim because he failed to demonstrate a retaliatory intent.The court denied in part, holding that the seizure of plaintiff's religious materials burdened a sincere religious practice and defendants failed to put forward any legitimate government interest justifying the seizure. However, the district court properly dismissed plaintiff's free exercise claim against the disciplinary captain and the former director. View "DeMarco v. Davis" on Justia Law