Leonard Earl Thornton v. Guy Hunt, Receiver of Alabama Prison Sys., in His Off. Capacity Fred R. Smith, & Attorney Gen. Don Siegelman, 852 F.2d 526 (11th Cir. 1988). · Go Syfert
Leonard Earl Thornton v. Guy Hunt, Receiver of Alabama Prison Sys., in His Off. Capacity Fred R. Smith, & Attorney Gen. Don Siegelman, 852 F.2d 526 (11th Cir. 1988). Cases Citing This Book View Copy Cite
27 citation events (6 in the last 25 years) across 14 distinct courts.
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At page 527 Rational basis review of classification in sentencing17 citing casesclassification denying “good time” credits to prisoners serving sentences greater than ten years is rationally related to legitimate purpose of preventing early release of serious offenders1 citing court put it this way · 16 listed here
  • Chavis Murphy v. Nicholas Deml & Michael Lyon, 2026 VT 41.published
    Cf. Parker, 170 Vt. at 277 , 744 A.2d at 419 (holding that “policy of not allowing violent felons to obtain furlough before serving their minimum sentences was intended to protect the public and meet public expectations that offenders will…
  • Reed v. Chambers, No. 2:22-cv-02158 (D. Nev. Mar. 30, 2023).
    Wash. Aug. 13, 2013) (citing Moss 11 v. Clark, 886 F.2d 686 (4th Cir. 1989); Thornton v. Hunt, 852 F.2d 526, 527 (11th Cir. 1988); and 12 Pryor v. Brennan, 914 F.2d 921 (7th Cir. 1990)); see Wilkins v. Gaddy, 734 F.3d 344, 348-49 (4th 13 C…
  • Shelly v. Alabama Dep't of Corr., 109 So. 3d 1145 (Ala. Crim. App. 2012).published
    Such a “literal construction” of § 14-9-41(e), Ala.Code 1975, produces a result “that is clearly inconsistent with the purpose and policy of the statute,” McClain, 957 So.2d at 1075 , “of preventing the early release of serious offenders.”…
  • Cook v. Sivley, 208 F.3d 1314 (11th Cir. 2000).published 2 cites
    Because the BOP’s exclusion of § 922(g) offenders from consideration for a discretionary reduction in sentence does not impinge upon a fundamental right, see Olim, 461 U.S. at 249 , 103 S.Ct. at 1747 , nor isolate a suspect class, see Wott…
  • Parker v. Gorczyk, 744 A.2d 410 (Vt. 1999).published 2 cites
    (classification denying “good time” credits to prisoners serving sentences greater than ten years is rationally related to legitimate purpose of preventing early release of serious offenders)
  • Thomas v. Scott, 927 S.W.2d 142 (Tex. App.—Amarillo 1996).published
    (involving the denial of good time due to the classification assigned prisoners)
  • Whittington v. Wall, 657 So. 2d 1058 (La. Ct. App. 1995).published
    In Moss v. Clark, 886 F.2d 686 , 689-90 (4th Cir.1989); Pryor v. Brennan, 914 F.2d 921, 923 (7th Cir. 1990); Ruark v. Solano, 928 F.2d 947, 949 (10th Cir.1991); and Thornton v. Hunt, 852 F.2d 526, 527 (11th Cir.1988), the federal courts ha…
  • William Scott Conlogue v. Dr. Marion Shinbaum, Dir. of Classification, Alabama Dep't of Corr., 949 F.2d 378 (11th Cir. 1991).published
    Thornton v. Hunt, 852 F.2d 526, 527 (11th Cir.1988). 5 .
  • Copeland v. Matthews, 768 F. Supp. 779 (D. Kan. 1991).published
    See Ruark v. Solano, 928 F.2d 947, 949 (10th Cir.1991); Pryor, 914 F.2d at 923 ; Moss, 886 F.2d at 690 ; Thornton v. Hunt, 852 F.2d 526, 527 (11th Cir.1988).
  • Wickliffe v. Clark, 783 F. Supp. 389 (N.D. Ind. 1991).published
    The Equal Protection and Due Process argument was made without success in a similar situation in Thornton v. Hunt, 852 F.2d 526, 527 (11th Cir.1988).
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Leonard Earl THORNTON, Plaintiff-Appellant,
v.
Guy HUNT, Receiver of Alabama Prison System, in His Official Capacity; Fred R. Smith, and Attorney General Don Siegelman, Defendants-Appellees
87-7136.
Court of Appeals for the Eleventh Circuit.
Aug 15, 1988.
Published opinion
852 F.2d 526
1988 U.S. App. LEXIS 11146
1988 WL 77697
Don Siegelman, Atty. Gen., Thomas R. Allison, P. David Bjurberg, Asst. Attys. Gen., Montgomery, Ala., for defendants-ap-pellees.
Hill, Hatchett, Anderson.
Cited by 22 opinions  |  Published
PER CURIAM:

The appellant, Leonard Thornton, appeals from the dismissal of his complaint for failure to state a claim upon which relief can be granted. In his pro se complaint under 42 U.S.C. § 1983, Thornton alleged that the Alabama Correctional Incentive Time Act (ACITA), Ala.Code § 14-9-41(e), violated the equal protection clause and the due process clause of the United States Constitution. The district court adopted the magistrate’s recommendation that the complaint be dismissed because ACITA, which denies “good time” accumulation for prisoners sentenced to more than ten years, was rationally related to the goal of controlling the early release or parole of serious offenders.

Thornton’s complaint challenged ACITA’s classification of prisoners sentenced to more than ten years. The statute does not single out a suspect class or impinge on a fundamental right. Thus, the provision is subject to the rational basis test under the equal protection clause. See Hodel v. Indiana, 452 U.S. 314, 331, 101 S.Ct. 2376, 2386-87, 69 L.Ed.2d 40 (1981). ACITA’s classification of prisoners serving sentences of more than ten years is rationally related to the legitimate purpose of preventing the early release of serious offenders. Therefore, the statute does not violate the equal protection clause or the due process clause.

The judgment of the district court is

AFFIRMED.