Pichardo v. Kinker

E. GRADY JOLLY, Circuit Judge:

Rolando Pichardo appeals from the judgment of the United States District Court for the Eastern District of Texas dismissing as frivolous under 28 U.S.C. § 1915 his claim that his confinement in administrative segregation violates his due process rights. We hold that absent extraordinary circumstances, administrative segregation as such, being an incident to the ordinary life as a prisoner, will never be a ground for a constitutional claim, and therefore affirm.

Pichardo, an inmate at Texas Department of Criminal Justice (“TDCJ”), filed suit pursuant to 42 U.S.C. §…