Black v. Jones

Full title: RICHARD W BLACK, Plaintiff v. VICTOR JONES, ET AL Defendant

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Jan 20, 2016

CIVIL ACTION NO. 1:14-CV-00518 (W.D. La. Jan. 20, 2016)

Opinion

CIVIL ACTION NO. 1:14-CV-00518

01-20-2016

RICHARD W BLACK, Plaintiff v. VICTOR JONES, ET AL Defendant

MAGISTRATE JUDGE JOSEPH H.L. PEREZ-MONTES

CHIEF JUDGE DEE D. DRELL

MEMORANDUM ORDER

Before the Court is Plaintiff's motion to be transferred to Red River Parish Jail (Doc. 79).

La. R.S. 15.824(A) states:

[A]ny individual subject to confinement in a state adult penal or correctional institution shall be committed to the Louisiana Department of Public Safety and Corrections and not to any particular institution within the jurisdiction of the department. The director of corrections shall assign each newly committed inmate to an appropriate penal or correctional facility. The director may transfer an inmate from one such facility to another, insofar as the transfer is consistent with the commitment and in accordance with treatment, training and security needs established by the department.

Furthermore, the United States Supreme Court has held that state prison authorities have the authority to decide where a state prisoner is to be incarcerated, and that a prisoner has no right to challenge that determination. See Olim v. Wakinekona, 461 U.S. 238, 244-46 (1983); Meachum v. Fano, 427 U.S. 215, 225 (1976).

Based on La. R.S. 15:824(A) and the Supreme Court precedent cited above, this Court has no authority to order the State to transfer Plaintiff to another prison. Plaintiff's placement lies solely within the purview of the Louisiana Department of Corrections. Accordingly;

IT IS ORDERED that Plaintiff's motion to be transferred (Doc. 79) be DENIED.

Alexandria, Louisiana, this 20^th day of January, 2016.

/s/_________

HON. JOSEPH H.L. PEREZ-MONTES

UNITED STATES MAGISTRATE JUDGE