Willie James Henry v. D. M. Van Cleve, Warden & J. W. Ross, Captain of the Guards, 469 F.2d 687 (5th Cir. 1972). · Go Syfert
Willie James Henry v. D. M. Van Cleve, Warden & J. W. Ross, Captain of the Guards, 469 F.2d 687 (5th Cir. 1972). Cases Citing This Book View Copy Cite
14 citation events (4 in the last 25 years) across 5 distinct courts.
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prisoners have constitutional right to be free from racial discriminationno pin page on record · 2 citing cases listed
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Willie James HENRY, Plaintiff-Appellant,
v.
D. M. VAN CLEVE, Warden and J. W. Ross, Captain of the Guards, Defendant-Appellee
72-2783.
Court of Appeals for the Fifth Circuit.
Dec 4, 1972.
Published opinion
469 F.2d 687
1972 U.S. App. LEXIS 6456
Willie James Henry, pro se., William J. Baxley, Atty. Gen., L. B. Sullivan, Commissioner, Alabama Board of Corrections, Montgomery, Ala., for defendant-appellee.
Wisdom, Godbold, Roney.
Cited by 14 opinions  |  Published
PER CURIAM:

Appellant, an inmate of an Alabama state prison, brought suit under 42 U.S.C. § 1983, claiming that the defendants, the warden and captain of the prison guards, denied him visiting privileges only because he is a Negro. He alleged that he was denied the privilege of visits from his family while white inmates in the same circumstances were allowed visitations. The District Court dismissed the suit without calling for a response, on the ground that it should not interfere in the internal management of prisons except in exceptional cases where prison officials have abused the wide discretion allowed them. See Conklin v. Wainwright, 424 F.2d 516 (5th Cir. 1970); Diehl v. Wainwright, 419 F.2d 1309 (5th Cir. 1970); Granville v. Hunt, 411 F.2d 9 (5th Cir. 1909). We have, however, consistently recognized that an infringement upon the constitutional right of inmates to be free from racial discrimination requires the scrutiny of federal courts. Jackson v. Godwin, 400 F.2d 529 (5th Cir. 1968); Burroughs v. Wainwright, 464 F.2d 1027 [5th Cir., 1972], Beard v. Lee, 396 F.2d 749 (5th Cir. 1968). That principle requires that we vacate the judgment below and remand to allow, the District[*688] Court to call for a response from the state and, if necessary, hold an evidenti-ary hearing to determine the validity of appellant’s assertions.

Vacated and remanded.