Driggers v. Cruz, et al., No. 12-10775 (5th Cir. 2014)
Annotate this CasePetitioner appealed the denial of his petition for writ of habeas corpus under 28 U.S.C. 2241. Petitioner challenged the constitutionality of the Inmate Financial Responsibility Program (IFRP), a program administered by the Bureau of Prisons (BOP), that grants inmates certain privileges if they participate in the program by paying off court-ordered financial obligations. Petitioner argued that his placement into IFRP "refuse" status violated his First Amendment rights because he could not make the minimum payment under the IFRP and pursue his various claims and appeals in the judicial system. The court concluded that this argument failed because petitioner could not demonstrate an actual injury. Because the IFRP was reasonably related to legitimate penological interests, it does not violate petitioner's equal protection rights. Finally, the court found that the imposition of the "refuse" conditions in 28 C.F.R. 545.11(d) did not violate an inmate's liberty interests under the Due Process Clause. Accordingly, the court affirmed the district court's denial of the petition.
The court issued a subsequent related opinion or order on January 20, 2014.
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