Bob Lokey v. H. L. Richardson, Etc.

Appellant Lokey, a state prisoner confined in San Quentin serving a life sentence without possibility of parole, appeals the order of the district court granting summary judgment in favor of appellees in appellant’s suit under the Civil Rights Act, 42 U.S.C. § 1983 . The only issue before this court is whether summary judgment was proper on appellant’s claim that the decision of the California Department of Corrections to rescind his minimum custody classification was made without procedural due process.

Appellant’s uncontroverted allegations depict him as a model prisoner who had achieved a minimum security status accorded few convicts. He entered prison with a sixth-grade level education. While in custody he completed both high school and two years of college, receiving an associate in arts degree with honors. In addition, he completed a two-year course in office machine technology, graduating at the top of the class, and a two-year institutional course in “creative dynamics.” During his imprisonment he read widely in the field of human physiology and anatomy, and in the behavioral sciences. He became an accomplished artist. He invented an improved Braille typewriter…