Supreme Court of Arkansas

Waller v. Banks

October 10, 20132013 Ark. 399

Summary

The court affirmed dismissal with prejudice of an inmate’s civil-rights complaint challenging his assignment to a prison incentive-level program. It held that the assignment did not impose an atypical and significant deprivation creating a liberty interest, and that the alleged disparities did not establish an equal-protection violation because the proposed comparators were not shown to be similarly situated and the classification was justified by behavioral differences. The court also concluded that the additional statutory and constitutional allegations failed for lack of supporting facts or convincing argument.