concluding that 90-day disciplinary segregation which left inmate without "store privileges, radio, phone calls, etc." were "such conditions . . . not different in such degree and duration as compared with 'the ordinary incidents of prison life' to be a protected liberty interest under the Due Process clause."
Summary of this case from Boyd v. Ford Cnty. Det. Ctr.No. 98-7176
August 26, 1999, Filed
AFFIRMED.
concluding that 90-day disciplinary segregation which left inmate without "store privileges, radio, phone calls, etc." were "such conditions . . . not different in such degree and duration as compared with 'the ordinary incidents of prison life' to be a protected liberty interest under the Due Process clause."
Summary of this case from Boyd v. Ford Cnty. Det. Ctr.concluding ninety-day confinement without store privileges, radio, and phone calls as enjoyed by other inmates in segregation did not differ in significant degree and duration to create a protected liberty interest
Summary of this case from Marshall v. Lairdconcluding 90-day confinement without store privileges, radio and phone calls did not differ in significant degree and duration to create a protected liberty interest
Summary of this case from Muhummad v. Chesterupholding dismissal of first-filed federal court trademark infringement action, where the dismissed action was filed three weeks before the second federal action, id. at *1; finding no error in district court's rejection of the first-to-file rule where the first of the two federal actions was anticipatory, id. at *3
Summary of this case from Covington Specialty Ins. Co. v. Charles A. Shadid, L.L.C.affirming dismissal of plaintiff's suit for declaratory judgment where suit was filed in Utah district court in anticipation of defendant's later filing of a trademark infringement action in Georgia district court
Summary of this case from Biotronik, Inc. v. Lamorak Ins. Co.rejecting argument that restrictions on store privileges, telephone calls, and access to a radio during disciplinary segregation were sufficient to create a protected liberty interest
Summary of this case from Dailey v. Ulibarrirejecting argument that restrictions on store privileges, telephone calls, and access to a radio during disciplinary segregation were sufficient to create a protected liberty interest
Summary of this case from Brown v. Maresconsidering disciplinary detention and concluding ninety-day confinement without store privileges, radio, and phone calls as enjoyed by other inmates in segregation did not violate inmate's rights
Summary of this case from Silverstein v. Fed. Bureau of Prisonsdiscussing the first-to-file rule and stating that federal courts "as courts of coordinate jurisdiction and equal rank . . . must be careful to avoid interfering with each other's affairs [and must] `avoid rulings which may trench upon the authority of sister courts'"
Summary of this case from Apotex Inc. v. U.S. Food Drug AdminFull title:RICKEY L. BOONE, Plaintiff-Appellant, v. KENNETH S. APFEL, Commissioner…
Court:United States Court of Appeals for the Tenth Circuit
Date published: Aug 26, 1999
Here, plaintiffs' declaratory judgment action involves the same parties disputing the same issues as the case…
Wallace B. Roderick Revocable Living Tr. v. XTO Energy, Inc.The Tenth Circuit applies the first-to-file rule, which "permits a district court to decline jurisdiction…