Spencer Harris v. James Greer, Dwight Brockmeyer, & Clarence Cochran, 750 F.2d 617 (7th Cir. 1984). · Go Syfert
Spencer Harris v. James Greer, Dwight Brockmeyer, & Clarence Cochran, 750 F.2d 617 (7th Cir. 1984). Cases Citing This Book View Copy Cite
59 citation events (26 in the last 25 years) across 23 distinct courts.
Strongest positive: James Lewis v. Cory Sabish and Estate of Allison Briggs (wied, 2026-03-04)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) James Lewis v. Cory Sabish and Estate of Allison Briggs
E.D. Wis. · 2026 · quote attribution · 1 verbatim quote · confidence high
a policy of deliberate racial segregation of prisoners would raise serious questions under the equal protection clause of the fourteenth amendment.
discussed Cited as authority (verbatim quote) Darrell Eugene Smith v. Sgt. Potter
M.D. Fla. · 2026 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
an inmate has of course no constitutional right to the cellmate ... of his choice.
discussed Cited as authority (verbatim quote) Jones, Sr. 190298 v. Shinn
D. Ariz. · 2023 · quote attribution · 1 verbatim quote · confidence high
an 1 inmate has of course no constitutional right to the cellmate . . . of his choice.
discussed Cited as authority (verbatim quote) Steven Lisle, Jr. v. William Welborn
7th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a policy of deliberate racial segregation of prisoners would raise serious questions under the equal protection clause of the fourteenth amendment.
discussed Cited as authority (quoted) Steven Lisle, Jr. v. William Welborn
7th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a policy of deliberate racial segregation of prisoners would raise serious questions under the equal protection clause of the fourteenth amendment.
discussed Cited as authority (rule) Sims v. Hocker
C.D. Ill. · 2025 · confidence medium
July 11, 2022) (“Prison inmates do not have a constitutional right to any form of prison employment . . . .”); Harris v. Greer, 750 F.2d 617, 618 (7th Cir. 1984) (holding that an inmate has no constitutional right to a job of his choice).
cited Cited as authority (rule) Smalley v. Hall
E.D. Va. · 2025 · confidence medium
See Murray v. Bledsoe, 650 F.3d 246 (3d Cir. 2011) ( per curiam); Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir.1993); Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984).
cited Cited as authority (rule) Alexander v. Walls
S.D. Ill. · 2022 · confidence medium
See Brown v. Budz, 398 F.3d 904, 916 (7th Cir. 2005); Harris v. Greer, 750 F.2d 617, 618-19 (7th Cir. 1984).
cited Cited as authority (rule) Smith v. Dodd
S.D. Ill. · 2022 · confidence medium
Harris v. Greer, 750 F.2d 617, 618 (7th Cir. 1984) (an inmate has no constitutional right to a job of his choice).
discussed Cited as authority (rule) MOORE v. DEPARTMENT OF CORRECTIONS
E.D. Pa. · 2022 · confidence medium
Importantly, “those courts confronted with the question of whether inmates have a constitutional right to choose a cellmate have held that no such right exists.” Murray v. Bledsoe, 650 F.3d 246, 247 (3d Cir. 2011) (citing Harris v. Greer, 750 F.2d 617, 618 (7th Cir. 1984), and Cole v. Benson, 760 F.2d 226, 227 (8th Cir. 1985) (per curiam)); see also Drayton v. Cohen, No. 10- 3171, 2012 WL 666839 , at *6 (D.S.C.
cited Cited as authority (rule) JONES v. SORBU
E.D. Pa. · 2021 · confidence medium
See, e.g., Blanchard v. Gallick, 448 F. App’x 173, 176 (3d Cir. 2011); Harris v. Greer, 750 F.2d 617, 618 (7th Cir. 1984).
discussed Cited as authority (rule) JOHNSON v. HARRISON
S.D. Ind. · 2020 · confidence medium
"A policy of deliberate racial segregation of prisoners would raise serious questions under the equal protection clause of the Fourteenth Amendment." Harris v. Greer, 750 F.2d 617, 618 (7th Cir. 1984).
cited Cited as authority (rule) John Leslie Chapman v. Wyoming Department of Corrections, Wyoming Medium Correctional Institution, Robert O. Lampert, Director, Steve Hargett, Warden, Kelli Dolan, CPL Property Officer
Wyo. · 2016 · confidence medium
Dolan’s superiors, so we will address this issue simply to say “there is no concept of supervisor strict liability under section 1983.” Harris v. Greer, 750 F.2d 617, 618 (7th Cir. 1984).
cited Cited as authority (rule) Chapman v. Wyoming Department of Corrections
Wyo. · 2016 · confidence medium
Dolan's superiors, so we will address this issue simply to say "there is no. concept of supervisor strict liability under section 1983." Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984).
cited Cited as authority (rule) Dennis Walker v. Beard
9th Cir. · 2015 · confidence medium
See Johnson, 543 U.S. at 514 , 125 S.Ct. 1141 ; Ochs v. Thalacker, 90 F.3d 293, 296-97 (8th Cir.1996); Harris v. Greer, 750 F.2d 617, 619 (7th Cir.1984).
discussed Cited as authority (rule) Washington v. Afify
W.D.N.Y. · 2013 · confidence medium
Plaintiff alleges that these “distractions” prevented him from reciting his daily prayers “with the required humility, submission, tranquility and focus .... ” Complaint ¶ 21. “[T]hose courts confronted with the question of whether inmates have a constitutional right to choose a cellmate have held that no such right exists.” Murray v. Bledsoe, 650 F.3d 246, 247 (3d Cir.2011) (citing Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984), and Cole v. Benson, 760 F.2d 226 , 227 (8th Cir.1985) (per curiam)).
discussed Cited as authority (rule) Jones v. Walker
7th Cir. · 2009 · confidence medium
Race-based classifications in prison are presumptively suspect and subject to strict scrutiny, Johnson v. California, 543 U.S. 499, 509 , 125 S.Ct. 1141 , 160 L.Ed.2d 949 (2005), but racial segregation that results from policies based on a “bona fide, colorblind concern” for prisoner safety does not violate the Equal Protection Clause, Harris v. Greer, 750 F.2d 617, 619 (7th Cir.1984).
discussed Cited as authority (rule) Brian Jones v. Roger Walker, Jr.
7th Cir. · 2009 · confidence medium
Race‐based classifications in prison are presumptively suspect and subject to strict scrutiny, Johnson v. California, 543 U.S. 499, 509 (2005), but racial segregation that results from policies based on a “bona fide, colorblind concern” for prisoner safety does not violate the Equal Protection Clause, Harris v. Greer, 750 F.2d 617, 619 (7th Cir. 1984).
discussed Cited as authority (rule) Jones v. Walker
7th Cir. · 2009 · confidence medium
Race-based classifications in prison are presumptively suspect and subject to strict scrutiny, Johnson v. California, 543 U.S. 499, 509 , 125 S.Ct. 1141 , 160 L.Ed.2d 949 (2005), but racial segregation that results from policies based on a “bona fide, colorblind concern” for prisoner safety does not violate the Equal Protection Clause, Harris v. Greer, 750 F.2d 617, 619 (7th Cir.1984).
discussed Cited as authority (rule) Howard v. Collins
8th Cir. · 1997 · confidence medium
See Lee v. Washington, 390 U.S. 333, 334 (1968) (affirming determination that Alabama statutes requiring racial segregation in prisons violate Fourteenth Amendment); Harris v. Greer, 750 F.2d 617, 618-19 (7th Cir.1984) (allegation that prison officials repeatedly denied black prisoner's request for white cell mate while in protective custody stated equal protection claim); cf. Foster v. Wyrick, 823 F.2d 218, 221 (8th Cir.1987) (absent allegation of intentional discrimination, equal protection claim not stated by allegation that facially neutral prison employment practices had discriminatory im…
discussed Cited as authority (rule) Curtis Ray Howard v. B E Collins
8th Cir. · 1997 · confidence medium
See Lee v. Washington, 390 U.S. 333, 334 (1968) (affirming determination that Alabama statutes requiring racial segregation in prisons violate Fourteenth Amendment); Harris v. Greer, 750 F.2d 617, 618-19 (7th Cir. 1984) (allegation that prison officials repeatedly denied black prisoner’s request for white cell mate while in protective custody stated equal protection claim); cf. Foster v. Wyrick, 823 F.2d 218, 221 (8th Cir. 1987) (absent allegation of intentional discrimination, equal protection claim not stated by allegation that facially neutral prison employment practices had discriminator…
discussed Cited as authority (rule) Houck v. City of Prairie Village
D. Kan. · 1997 · confidence medium
Though state actors who participate in a violation in a supervisory role may incur liability, “ ‘there is no concept of strict supervisor liability under section 1983.’” Ruark, 928 F.2d at 950 (quoting Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984)).
discussed Cited as authority (rule) Jenkins v. Wood
10th Cir. · 1996 · confidence medium
Though state actors who participate in a violation in a supervisory role may incur liability, " 'there is no concept of strict supervisor liability under section 1983.' " Ruark, 928 F.2d at 950 (quoting Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984)).
discussed Cited as authority (rule) Jenkins v. Wood
10th Cir. · 1996 · confidence medium
Though state actors who participate in a violation in a supervisory role may incur liability, “ ‘there is no concept of strict supervisor liability under section 1983.’ ” Ruark, 928 F.2d at 950 (quoting Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984)).
cited Cited as authority (rule) Walker v. Walker
Fla. Dist. Ct. App. · 1995 · confidence medium
Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984).
cited Cited as authority (rule) Wilson v. Schomig
N.D. Ill. · 1994 · confidence medium
Black v. Lane, 824 F.2d 561, 562 (7th Cir.1987); Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984).
discussed Cited as authority (rule) Bollig v. Fiedler
E.D. Wis. · 1994 · confidence medium
See, e-g., *849 Wallace v. Robinson, 940 F.2d 243, 249 (7th Cir.1991) (en banc), cert. denied, — U.S. -, 112 S.Ct. 1563 , 118 L.Ed.2d 210 (1992); Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984); Garza v. Miller, 688 F.2d 480, 486 (7th Cir.1982), cert. denied, 459 U.S. 1150 , 103 S.Ct. 796 , 74 L.Ed.2d 1000 (1983).
cited Cited as authority (rule) Joe Woods, Also Known as Larry Eason v. Eugene Venegone, Assistant Warden of Programs
7th Cir. · 1993 · confidence medium
Since prisoners have no constitutional right to prison employment, Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984), Mr. Woods must show that Illinois law creates such a right.
cited Cited as authority (rule) Ronald Graham v. Fred Van Der Veur, Warden Van Austin, Dr. Ann McDonald Dr. Kay Preston William Eastman Officer Nunley Don Carroll Jim Gaber
10th Cir. · 1992 · confidence medium
"There is no concept of supervisor strict liability under § 1983." Ruark v. Solano, 928 F.2d 947, 950 (10th Cir.1991) (quoting Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984)).
discussed Cited as authority (rule) Freddie Harrison, Named: Freddie L. Harrison v. John R. Enright, Frank O. Gunter
10th Cir. · 1992 · confidence medium
Harrison alleges that defendants improperly supervised and trained their employees. " '[T]here is no concept of strict supervisor liability under section 1983.' " Ruark v. Solano, 928 F.2d 947, 950 (10th Cir.1991) (quoting Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984)).
cited Cited as authority (rule) Armstrong v. Lane
C.D. Ill. · 1991 · confidence medium
Garza v. Miller, 688 F.2d 480, 485 (7th Cir.1982), cert. denied, 459 U.S. 1150 , 103 S.Ct. 796 , 74 L.Ed.2d 1000 (1983); Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984).
cited Cited as authority (rule) Theodore Ruark v. Henry Solano and Colorado Department of Corrections
10th Cir. · 1991 · confidence medium
Moreover, “there is no concept of strict supervisor liability under section 1983.” Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984) (pro se case).
cited Cited as authority (rule) Horace Griffin v. Michael P. Lane, Jimmey Fairman, Jr., Henry W. Cowan and Donald Cartwright
7th Cir. · 1990 · confidence medium
Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984); Rascon v. Hardiman, 803 F.2d 269, 273 (7th Cir.1986).
discussed Cited as authority (rule) Pearly Wilson v. Richard P. Seiter Harry K. Russell and Norris W. McMackin
6th Cir. · 1990 · confidence medium
Because "there is no concept of supervisor strict liability under section 1983[,]" Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984) (dismissing claims against prison warden); accord Wilson v. Beebe, 612 F.2d 275, 275-76 (6th Cir.1980), and Wilson has identified no evidence suggesting that any of the defendants "caused or participated in an alleged constitutional deprivation[,]" Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir.1983), the district court appropriately granted summary judgment to the defendants on the plaintiff's equal protection claim. 13 AFFIRMED. 1 Wilson is precluded from …
discussed Cited as authority (rule) Jackson v. O'LEARY
N.D. Ill. · 1988 · confidence medium
At the outset it must be recognized that a prison inmate has no constitutional right to prison employment as such (Hams v. Greer, 750 F.2d 617, 618 (7th Cir.1984); Garza v. Miller, 688 F.2d 480, 486 (7th Cir.1982), cert. denied, 459 U.S. 1150 , 103 S.Ct. 796 , 74 L.Ed.2d 1000 (1983); Gibson v. McEvers, 631 F.2d 95, 98 (7th Cir.1980); see Harris v. McDonald, 532 F.Supp. 36 , 39 n. 4 (N.D. 111.1982), aff'd on other grounds, 737 F.2d 662 (7th Cir.1984)).
discussed Cited as authority (rule) Andrew Clay v. Coolidge Conlee, Individually and in His Official Capacity as Sheriff of St. Francis County, St. Francis County Sheriff's Department (2×)
8th Cir. · 1987 · confidence medium
Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984).
discussed Cited "see" Tucker v. Jeffreys
N.D. Ill. · 2021 · signal: see · confidence high
See Harris v. Greer, 750 F.2d 617, 618 (7th Cir. 1984); see also Hinojosa v. Livingston, 807 F.3d 657, 668 (5th Cir. 2015) (finding allegations that defendants “promulgated and had the power to change” the challenged policies established personal liability); Prison Legal News v. Babeu, 933 F. Supp. 2d 1188, 1211 (D.
cited Cited "see" Murray v. Bledsoe
3rd Cir. · 2011 · signal: see · confidence high
See Harris v. Greer, 750 F.2d 617, 618 (7th Cir.1984); see also Cole v. Benson, 760 F.2d 226, 227 (8th Cir.1985) (per curiam) (inmate has no Eighth Amendment right to be placed in a particular cell).
cited Cited "see" Patrick v. Staples
N.D. Ind. · 1991 · signal: see · confidence high
See Harris v. Greer, 750 F.2d 617 (7th Cir.1984) (allegation of deliberate racial discrimination in prisoners’ job assignments *1549 sufficient to state equal protection claim).
discussed Cited "see, e.g." Hill v. State of Michigan
E.D. Mich. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Harris v. Greer, 750 F.2d 617, 619 (7th Cir. 1984) (Posner, J.) (“A policy of deliberate racial segregation of prisoners would raise serious questions under the equal protection clause of the Fourteenth Amendment.”).
discussed Cited "see, e.g." Willie Williams, on Behalf of Himself and All Others Similarly Situated v. Michael P. Lane, Director of the Illinois Department of Corrections (2×)
7th Cir. · 1988 · signal: compare · confidence medium
Compare Harris v. Greer, 750 F.2d 617, 618-619 (7th Cir.1984) (alleged racial segregation by cell and job assignment states claim) and Madyun v. Thompson, 657 F.2d 868, 873-874 (7th Cir. 1981) (allegation of racially motivated misuse of authority states claim) with Kincaid v. Duckworth, 689 F.2d 702, 704 (7th Cir.1982) (four-year difference between life termers and inmates under term of years for eligibility for change of security status justified by security risk).
cited Cited "see, e.g." Davis-El v. O'LEARY
N.D. Ill. · 1986 · signal: see also · confidence medium
Madyun v. Thompson, 657 F.2d 868, 874 (7th Cir.1981); see also Harris v. Greer, 750 F.2d 617, 618 (7th Cir. 1984).
Retrieving the full opinion text from the archive…
Spencer HARRIS, Plaintiff-Appellant,
v.
James GREER, Dwight Brockmeyer, and Clarence Cochran, Defendants-Appellees
83-2575.
Court of Appeals for the Seventh Circuit.
Dec 18, 1984.
750 F.2d 617
1984 U.S. App. LEXIS 15821
Spencer Harris, Menard, 111., for plaintiff-appellant., Patricia Rosen, Asst. Atty. Gen., Chicago, 111., for defendants-appellees.
Posner, Bauer, Cudahy, Pos-Ner.
Cited by 52 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: Seventh Circuit (1)
POSNER, Circuit Judge.

The plaintiff, Harris, an inmate of the Illinois state prison at Menard, filed this suit under 42 U.S.C. § 1988 against the warden and two members of the prison’s Assignment Committee (which oversees assignment of inmates to jobs within the prison), alleging that the conditions of his confinement violate the Fourteenth Amendment in a variety of respects. The district court dismissed the action on the defendants’ motion to dismiss, but discussed only some of the issues raised by the complaint. We agree with the court’s resolution of those issues and for the reasons stated by it, but must consider the issues it did not discuss.

With respect to two of these issues — whether the defendants violated Harris’s constitutional rights by confiscating five homemade paper Indian heads having a total value of $100, and by allowing members of an inmate gang to harass him —Harris’s complaint must fail for want of any allegation that the defendants were personally responsible for the confiscation and the harassment. Defendant Greer, the warden of Menard, is of course the superi- or of whoever it was that confiscated Harris’s property and failed to protect him from the gang (assuming these things actually occurred — which for purposes of this appeal we must assume since the complaint was dismissed on a motion made under Fed.R.Civ.P. 12(b)(6), but there is no concept of supervisor strict liability under section 1983. See, e.g., Schultz v. Baumgart, 738 F.2d 231, 238-39 (7th Cir.1984); Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir.1983); cf. Monell v. New York City Department of Social Services, 436 U.S. 658, 691-94, 98 S.Ct. 2018, 2036-37, 56 L.Ed.2d 611 (1978).

The last issue is more troublesome. Harris alleges that he

has repeatedly asked for a White cell mate to keep from having to cell with a gang member, which has been denied. They are either classified as homosexuals or transferred to another gallery. Plaintiff has requested a clerks job when there is an opening and have been turned down. Integration is allowed in General Population with no classification, but segregation is practiced in the Protective Custody Unit. Defendants Greer et al. are aware of this.

Although an inmate has of course no constitutional right to the cellmate or job of his choice, Harris’s statement, read liberally as it must be since it is the pro se pleading of an uneducated prisoner, charges that the prison has a policy of segregating black from white inmates, in both cell and job assignments, in the Protective Custody Unit. (The character of this unit is not disclosed by the record, but presumably it is intended for inmates who feel menaced by other inmates.) A policy of deliberate racial segregation of prisoners would raise serious questions under the equal protection clause of the Fourteenth Amendment. See, e.g., Madyun v. Thompson, 657 F.2d 868, 874 (7th Cir.1981); Thomas v. Pate, 493 F.2d 151, 155 (7th Cir.), vacated on other grounds, 419 U.S. 813, 95 S.Ct. 288, 42 L.Ed.2d 39 (1974). And presumably the warden would be responsible for the policy and therefore answerable to Harris in this suit under section 1983.

Although we cannot conclude at this early stage of the proceeding that the[*619] allegation of deliberate racial segregation is correct, neither can we say that the complaint fails to state a claim for which relief could be granted; and it was therefore error to dismiss the action on the pleadings. We can, however, take judicial notice of the fact that many prison gangs are organized along racial lines, see United States v. Silverstein, 732 F.2d 1338, 1341 (7th Cir.1984); and Menard’s Protective Custody Unit may, for all we know, contain gang members — as indeed is implied by Harris’s allegations. If so, then simply as an unintended, undesired byproduct of trying to separate gang members, the prison authorities might have made cell assignments that have produced a situation where blacks and whites are rarely, perhaps never, assigned to the same cells. Or maybe the prison authorities would think it imprudent, if gang activity were rampant in the prison, to force an inmate, against his will, to share a cell (perhaps especially in a protective-custody unit) with someone of a different race. Racial separation brought about by policies founded exclusively on a bona fide, colorblind concern for the safety of prisoners in our nation’s dangerous prisons does not violate the equal protection clause. “[Pjrison authorities have the right, acting in good faith and in particularized circumstances, to take into account racial tensions in maintaining security, discipline, and good order in prisons and jails.” Lee v. Washington, 390 U.S. 333, 334, 88 S.Ct. 994, 995, 19 L.Ed.2d 1212 (1968) (concurring opinion); see also Hudson v. Palmer, - U.S. -, 104 S.Ct. 3194, 3198, 82 L.Ed.2d 393 (1984) (dictum). But whether this precept is applicable to this case, or whether Harris is correct in claiming that the defendants have engaged in deliberate and unjustified racial discrimination, are questions in the first instance for the district court, to which this case must be returned for further proceedings on the charge of racial discrimination. In all other respects the judgment is affirmed.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.