Jerry W. Judkins v. Tom Brennan Larry A. Fields Steve Hargett Joe R. Manning Calvino Samuel Muse, Sr. Hugh Reed William R. Evans Daniel Bintz Phil Dessauer Gregory H. Hall
Docket: 96-6316
Court: Court of Appeals for the Tenth Circuit; May 8, 1997; Federal Appellate Court
Notice is given that unpublished opinions can now be cited if they have persuasive value and are appropriately attached. Jerry W. Judkins, an inmate, appealed a district court's summary judgment favoring several defendants in a civil rights action under 42 U.S.C. § 1983. The appeal focused on two issues: (1) whether his transfer from a medium-security prison in Oklahoma to a maximum-security prison in Texas, without notice and a hearing, violated due process; and (2) whether his brief out-of-state incarceration violated his right to access the courts due to inadequate legal facilities. The Tenth Circuit affirmed the district court's ruling, agreeing that the transfer did not violate any due process rights, as it did not constitute an atypical and significant hardship compared to typical prison life, referencing relevant Supreme Court precedents. Additionally, the court upheld the dismissal of the access-to-court claim, noting that Judkins failed to demonstrate any actual prejudice to his litigation efforts, which is required for such claims, especially given the brief nature of the alleged lack of access. The ruling is affirmed, with the mandate issued immediately, and the judgment is not binding precedent except under specific legal doctrines.