Staton v. Wainwright, No. 80-5464

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore RONEY, VANCE and RANDALL; RONEY
Citation665 F.2d 686
PartiesMichael Earl STATON, Plaintiff-Appellant, v. Louie L. WAINWRIGHT and Maurice G. Crockett, Defendants-Appellees. . Unit B *
Decision Date11 January 1982
Docket NumberNo. 80-5464

Page 686

665 F.2d 686
Michael Earl STATON, Plaintiff-Appellant,
v.
Louie L. WAINWRIGHT and Maurice G. Crockett, Defendants-Appellees.
No. 80-5464.
United States Court of Appeals,
Fifth Circuit.
Unit B *
Jan. 11, 1982.

Charles S. Williams, Jr., Federal Public Defender, Pensacola, Fla., Gary M. Ketchum, (court-appointed) Tallahassee, Fla., for plaintiff-appellant.

Shirley A. Walker, Asst. Atty. Gen., Dept. of Legal Affairs, Civil Division, Tallahassee, Fla., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Florida.

Before RONEY, VANCE and RANDALL, Circuit Judges.

RONEY, Circuit Judge:

The question in this case is whether Florida's parole laws create an entitlement to release so that the failure to accord plaintiff an initial parole interview in the time required by state law violates constitutional due process under the principles established in Greenholtz v. Nebraska Penal Inmates,

Page 687

442 U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979).

Serving a 15-year sentence for burglary, Michael Earl Staton filed an action under 42 U.S.C.A. § 1983, alleging the Florida Probation and Parole Commission acted unconstitutionally in failing to give him an initial parole interview within the time required by state law. Staton sought both compensatory and punitive damages. The district court dismissed the complaint on the ground that Florida law created no constitutionally-protected interest in a parole interview. We affirm.

In not receiving an initial interview within the time required by the Florida statute, Staton claims his constitutional due process rights were violated and the Commission thereby caused him to remain in prison longer than he otherwise would. Staton's claims are in essence a challenge to the fact and duration of his confinement. This Court has held that plaintiffs in such cases must first proceed by way of habeas corpus which requires exhaustion of state remedies. Johnson v. Hardy, 601 F.2d 172 (5th Cir. 1979); see Streeter v. Hopper, 618 F.2d 1178 (5th Cir. 1980). Staton, however, has been released on parole and cannot now seek an effective remedy through a habeas corpus proceeding. We therefore address Staton's section 1983 claims. See generally Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973).

A 1983 complaint should not be dismissed unless it appears beyond a doubt that plaintiff could prove no set of facts in support of his claim which would entitle him to relief. Jackson v. Reese, 608 F.2d 159 (5th Cir. 1979); Cook v. Whiteside, 505 F.2d 32 (5th Cir. 1974). See also Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Our initial inquiry focuses on whether the two essential elements of a section 1983 action are present: first, whether the conduct complained of was committed by a person acting under color of state law; and second, whether this conduct deprived plaintiff of rights, privileges, or immunities secured by the Constitution or laws of the United States. Parratt v. Taylor, --- U.S. ----, ----, 101 S.Ct. 1908, 1912, 68 L.Ed.2d 420 (1981); Adickes v. S. H. Kress & Co., 398 U.S. 144, 150, 90 S.Ct. 1598, 1604, 26 L.Ed.2d 142 (1970). Since the Commission clearly acted "under color of law," the question for decision here is whether Staton has been deprived of a liberty or property interest secured by the Constitution or the laws of the United States. Jackson v. Reese, 608 F.2d 159, 160 (5th Cir. 1979).

Although the United States...

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38 practice notes
  • Board of Pardons v. Allen, No. 86-461
    • United States
    • United States Supreme Court
    • June 9, 1987
    ...730 F.2d 71, 75 (CA2 1984) (Vermont statute); Thomas v. Sellers, 691 F.2d 487, 488 (CA11 1982) (Alabama statute); Staton v. Wainwright, 665 F.2d 686, 688 (CA5 1982) (Florida statute); Jackson v. Reese, 608 F.2d 159, 160 (CA5 1979) (Georgia statute); Boothe v. Hammock, 605 F.2d 661, 664 (CA2......
  • Brown v. Dillard, CASE NO. 2:13-CV-815-WHA (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • April 20, 2016
    ...See Brown v. Lundgren, 528 F.2d 1050 (5th Cir.), cert. denied, 429 U.S. 917, 97 S.Ct. 308, 50 L.Ed.2d 283 (1976). In Staton v. Wainwright, 665 F.2d 686 (5th Cir. 1982) (former Fifth Circuit decision), the court concluded that no liberty interest in parole was created by the Florida statutes......
  • Sultenfuss v. Snow, No. 91-8002
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • October 5, 1994
    ...particular interest in question. Id. at 464 n. 4, 109 S.Ct. at 1910 n. 4. We recognized this crucial distinction in Staton v. Wainwright, 665 F.2d 686 (5th Cir. Unit B), cert. denied, 456 U.S. 909, 102 S.Ct. 1757, 72 L.Ed.2d 166 (1982), where we found no protectable liberty interest in the ......
  • Broadnax v. Wynne, CASE NO. 2:11-CV-1082-WKW [WO]
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 26, 2015
    ...Brown v. Lundgren, 528 F.2d 1050 (5th Cir.), cert. denied, 429 U.S. 917, 97 S. Ct. 308, 50 L. Ed. 2d 283 (1976). In Staton v. Wainwright, 665 F.2d 686 (5th Cir. 1982) (former Fifth Circuit decision), the court concluded that no liberty interest in parole was created by the Florida statutes.......
  • Request a trial to view additional results
38 cases
  • Board of Pardons v. Allen, No. 86-461
    • United States
    • United States Supreme Court
    • June 9, 1987
    ...730 F.2d 71, 75 (CA2 1984) (Vermont statute); Thomas v. Sellers, 691 F.2d 487, 488 (CA11 1982) (Alabama statute); Staton v. Wainwright, 665 F.2d 686, 688 (CA5 1982) (Florida statute); Jackson v. Reese, 608 F.2d 159, 160 (CA5 1979) (Georgia statute); Boothe v. Hammock, 605 F.2d 661, 664 (CA2......
  • Brown v. Dillard, CASE NO. 2:13-CV-815-WHA (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • April 20, 2016
    ...See Brown v. Lundgren, 528 F.2d 1050 (5th Cir.), cert. denied, 429 U.S. 917, 97 S.Ct. 308, 50 L.Ed.2d 283 (1976). In Staton v. Wainwright, 665 F.2d 686 (5th Cir. 1982) (former Fifth Circuit decision), the court concluded that no liberty interest in parole was created by the Florida statutes......
  • Sultenfuss v. Snow, No. 91-8002
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • October 5, 1994
    ...particular interest in question. Id. at 464 n. 4, 109 S.Ct. at 1910 n. 4. We recognized this crucial distinction in Staton v. Wainwright, 665 F.2d 686 (5th Cir. Unit B), cert. denied, 456 U.S. 909, 102 S.Ct. 1757, 72 L.Ed.2d 166 (1982), where we found no protectable liberty interest in the ......
  • Broadnax v. Wynne, CASE NO. 2:11-CV-1082-WKW [WO]
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 26, 2015
    ...Brown v. Lundgren, 528 F.2d 1050 (5th Cir.), cert. denied, 429 U.S. 917, 97 S. Ct. 308, 50 L. Ed. 2d 283 (1976). In Staton v. Wainwright, 665 F.2d 686 (5th Cir. 1982) (former Fifth Circuit decision), the court concluded that no liberty interest in parole was created by the Florida statutes.......
  • Request a trial to view additional results

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