Billy R. Shapley v. Charles L. Wolff, Jr.

Shapley, an inmate of the Nevada State Prison, appeals an order from the district court dismissing his amended complaint for its failure to present a claim upon which relief could be granted. Shapley had sought injunctive and declaratory relief under 42 U.S.C. § 1983 alleging that treatment he received violated the Eighth Amendment’s prohibition of cruel and unusual punishment and the due process and equal protection clauses of the Fourteenth Amendment.

His allegations are of five types. He claims that he has been subjected to cruel and unusual punishment as the result of (1) overcrowded cell conditions, (2) denial of showers and basic sanitary items, (3) denial of miscellaneous items such as shoes and tobacco and (4) a diet consisting entirely of cold and possibly inadequate food. In addition, he challenges his classification status in the prison as a result of which he is denied certain privileges such as attendance at evening yard and weekly movies.

The district court found that none of these allegations could constitute a ground upon which relief might be granted. It found that the allegations with respect to crowding, tobacco, food and hygiene provisions did not raise…