No. 21-6647

Kenneth Howard Kerr, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: computer-skills due-process equal-protection first-amendment freedom-of-speech injury-in-fact re-entry rehabilitation survival
Latest Conference: 2022-02-18
Question Presented (from Petition)

Did the Petitioner state enough facts (included in his
attachments as well as the text) to present a valid claim?

II
Did the Petitioner state enough facts (included in in his :
attachments as well as the text) to present a claim of due
process violations?

Ill
Did the Petitioner show "injury in fact"?

IV
Did the Petitioner state enough facts (included in his
attachments as well as the text) to present a claim of equal
protection violations?

Is TDCJ-RPD limmiting the Petitioner's 1st Ammendment Right
to Freedom of Speach by preventing him the equal opportunity to
reform by denying him the knowledge needed to re-entergrate upon
his release?

VI
Is the fact that the Petitioner is being denied the right to
be treated the same as other similarly situated prisoners (S3-G2
Class) denying him the equal opportunity at re-entergration into
society upon his release going to cause harm that reaches beyond
the scope of his period of incarceration to be considered a fact
in violation of Packinghain _v. Nort h_Carolina , 137 S.Ct 1730 (2017)?

VII
By denying sex offenders the opportunity to learn how to use
the computer to learn skills such as Computer Aided Drafting and
Office Applications in order to obtain jobs as Administrative
Assistants, is not TDCJ-RPD as well as TDCJ-ID in general,
attempting to prevent sex offenders from having the same chance
at survival as other similarly situated offenders and an equal
opportunity at re-entegrating into society?

VIII
"injury in fact" because he Has the petitioner herein shown
is being denied the equal opportunity to survive in society upon
his release?

Question Presented (AI Summary)

Did the Petitioner state enough facts (included in his attachments as well as the text) to present a valid claim?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-14
Waiver of right of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division to respond filed.
2021-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2022)

Attorneys

Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Jeannie CoggeshallOffice of the Attorney General of Texas, Respondent
Kenneth Kerr
Kenneth Howard Kerr III — Petitioner