Equal Protection

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7^th Circuit Court of Appeals

Case Name: Terrance Flynn v. Marion Thatcher et al

Case No.: 15-2458

Officials: FLAUM, RIPPLE, and HAMILTON, Circuit Judges.

Focus: Equal Protection

Prisoner claim for being denied equal protection due to not receiving same privileges are inmates in the “honor program” dismissed on failure to state a claim grounds.

“There are obvious reasons to extend preferential treatment to inmates in the Honor Program. Conferring benefits to those with a history of good behavior encourages rehabilitation, institutional security, and the safety of inmates, staff, and visitors. See McGinnis v. Royster, 410 U.S. 263, 270–73 (1973); Singer v. Raemisch, 593 F.3d 529, 535 (7th Cir. 2010); Harbin-Bey v. Rutter, 420 F.3d 571, 576 (6th Cir. 2005); Woodson v. Attorney Gen., 990 F.2d 1344, 1349–50 (D.C. Cir 1993). Even Flynn concedes in his appellate brief that the program “rewards” prisoners “for good behavior.” He argues, however, that there can be no valid reason to deny him the same privileges because he has demonstrated the same good behavior and meets all of the criteria for admission. But there are many rational reasons for requiring an application to evaluate the prisoner before awarding benefits. See McGinnis, 410 U.S. at 272–73.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.