McKeighan v. Corrections Corporation, et al, No. 10-3286 (10th Cir. 2011)
Annotate this CasePro se prisoner Appellant James McKeighan appealed the district court's grant of summary judgment in favor of Appellees seven Corrections Corporation of America (CCA) employees and former Deputy U.S. Marshal Mike Shute. Appellant claimed that while he was a pretrial detainee at the CCA facility in Leavenworth, Kansas, he was (1) "denied outside recreation while housed in an overcrowded cell," in violation of the Eighth Amendment; and (2) "confined in segregation as punishment for attempting to defend his criminal case," in violation of the First Amendment. In granting defendants' motions for summary judgment, the district court found that there was no material issue of fact regarding Appellant's failure to exhaust administrative remedies, and that his claims must be dismissed as a matter of law. Furthermore, the court ruled that Appellant failed to allege sufficient facts to state a violation of his constitutional rights. After careful review of Appellant's brief, the record on appeal, and the applicable legal authority, the Tenth Circuit affirmed the district court's judgment for substantially the same reasons stated in the court's "thorough" memorandum and order.
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