Booker-El v. Superintendent, Ind. State Prison

Dist. Ct. did not err in dismissing for failure to state cause of action, plaintiff-prisoner's section 1983 action alleging that defendants misappropriated money contained in inmates' recreation fund that was created for purpose of purchasing items on behalf of inmates that were not already covered by existing state appropriations. Applicable clause in Ind. statute that created said fund gave defendant-Superintendent discretion to spend money in said fund, and thus plaintiff lacked any protected property interest in fund because defendant's discretion to spend or not to spend precluded plaintiff from having any legitimate expectation to any benefit derived from fund.