Brand v. Motley

OPINION

COOK, Circuit Judge.

Dewayne Brand, a black inmate, filed a § 1983 complaint after prison officials denied his request to share a cell with a white inmate in part because a “Black/ White move ... is more difficult to do than a same race move.” The district court dismissed his claim as frivolous under 28 U.S.C. § 1915(e)(2), reasoning that Brand could not complain about why the officials turned him down given that, as an inmate, he lacks a right to be placed in the cell of his choice. Because Brand’s claim sets out an arguable question of law, supported by arguable facts, we vacate the…