Russell E. Carney v. Robert Houston Harold Clark Linda Lenard Wilber Newell Department of Corrections

Russell E. Carney, a Nebraska inmate, appeals from the district court’s dismissal of his 42 U.S.C. § 1983 action under Federal Rule of Civil Procedure 12(b)(6). We affirm.

Carney brought this action against several prison officials, alleging that they improperly used a failure-to-appear charge to withhold four points from his classification score. Carney asserted that he had failed to appear at a Nebraska court hearing in July 1991 because he was in jail in Kansas, and that he was never formally charged because “the failure to appear was part of a plea bargain for [him] to plead no contest.”…