James Hamilton v. David Ruffin
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2003-CP-01221-COA
JAMES HAMILTON
APPELLANT
v.
DAVID RUFFIN, ET AL.
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEE
4/14/2003
HON. BETTY W. SANDERS
SUNFLOWER COUNTY CIRCUIT COURT
JAMES HAMILTON (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JANE L. MAPP
CIVIL - STATE BOARDS AND AGENCIES
HAMILTON'S COMPLAINT WAS DISMISSED
WITH PREJUDICE.
AFFIRMED - 06/22/2004
BEFORE SOUTHWICK, P.J., IRVING AND GRIFFIS, JJ.
SOUTHWICK, P.J., FOR THE COURT:
¶1.
James Hamilton appeals from the dismissal of his complaint. We find no error and affirm.
¶2.
In 1987, Hamilton was sentenced to serve twenty-five years in the custody of the Mississippi
Department of Corrections for possession of marijuana with the intent to distribute. At the time that
Hamilton was arrested for the drug charge, he was in possession of several guns. He eventually served five
years in federal prison for being a convicted felon in possession of a firearm.
¶3.
During his incarceration with the State of Mississippi, Hamilton was placed in a Community Work
Center (CWC). His assignment to the CWC was later reclassified. Hamilton was moved from the CWC
and placed with the Mississippi State Penitentiary at Parchman. Hamilton complains that this violated his
rights to due process and equal protection of laws. Hamilton alleges that he was not convicted of a violent
crime and therefore his removal from CWC to the general prison population was improper. He also argues
that he should have been eligible for placement with the Intensive Supervision Program (ISP) since he was
not convicted of a crime of violence.
DISCUSSION
¶4.
Hamilton was housed in a CWC and was removed to serve his sentence at Parchman. He properly
appealed with the Administrative Remedy Program which stated that a conviction for a violent crime
disqualified Hamilton from the CWC. This admittedly was in error since Hamilton had not been convicted
of a violent crime. However, the circuit court judge determined Hamilton was properly removed from the
CWC. It is the policy of the Mississippi Department of Corrections to disqualify inmates from the CWC
if the inmate was convicted of carrying a concealed weapon. Hamilton admitted that he had been convicted
of carrying a concealed weapon.
¶5.
Inmates have no property or liberty interest when it comes to their housing assignment. Carson
v. Hargett, 689 So. 2d 753, 754-55 (Miss. 1996). An offender classification board is to create
procedural rules and regulations concerning the placement of inmates. Miss. Code Ann. § 47-5-103(3)
(Rev. 2000). Hamilton's gun charge conviction was enough under those rules to have him removed from
the CWC and placed at a state prison. We affirm.
¶6.
THE JUDGMENT OF THE CIRCUIT COURT OF SUNFLOWER COUNTY
DISMISSING THE COMPLAINT WITH PREJUDICE IS AFFIRMED. ALL COSTS ARE
ASSESSED TO THE APPELLANT.
2
KING, C.J., BRIDGES, P.J., THOMAS, LEE, IRVING, MYERS, CHANDLER AND
GRIFFIS, JJ., CONCUR.
3
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