Boutwell v. Keating

TACHA, Chief Circuit Judge.

Plaintiff-Appellant John Kenneth Bout-well was denied placement into Oklahoma’s Pre-Parole Conditional Supervision (“PPCS”) program. Alleging that this denial violated his constitutional rights, Mr. Boutwell seeks to challenge the state of Oklahoma’s actions under 42 U.S.C. § 1983 or alternatively by petitioning for a writ of habeas corpus under 28 U.S.C. § 2254. The District Court dismissed Mr. Bout-well’s action, finding that his claims were not cognizable under § 1988 and that his failure to allege facts sufficient to give rise to a constitutional violation…