Flynn v. Thatcher

Dist. Ct. did not err in dismissing for failure to state valid cause of action plaintiff-prisoner’s section 1983 action alleging that defendants-prison officials denied him equal protection rights by not affording him same extra privileges as other inmates participating in prison’s “Honor Program.” Record showed that defendants denied plaintiff admission into said program because all slots and waiting list for said program were full at time plaintiff inquired into said program. Moreover, defendants could otherwise treat inmates differently where conferring greater benefits was based upon history of inmate’s good behavior. Also, while plaintiff claimed that he should receive same benefits as those inmates who were accepted into program because he had demonstrated same good behavior, Ct. found that defendants could properly require that plaintiff undergo same application process as those who had been accepted into program to allow defendants opportunity to evaluate plaintiff before awarding benefits.