Murray v. Bledsoe
2011 U.S. App. LEXIS 11702
| 3rd Cir. | 2011Background
- Murray, a federal prisoner in the SMU at USP Lewisburg, challenged a BOP decision denying his request to choose a cellmate.
- He filed a pro se petition in district court under a BOP judgment, claiming a Ninth Amendment right to select his cellmate.
- The BOP had previously refused Murray’s request, finding no right to choose a cellmate.
- The District Court denied Murray’s petition as meritless, and Murray appealed to the Third Circuit.
- Murray argued the Ninth Amendment protects fundamental rights, including cellmate selection; he also sought appellate relief (counsel, judicial notice, and amendments).
- The Third Circuit summarily affirmed, noting no Ninth Amendment right to choose a cellmate and that Murray waived broader challenges by not raising them below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Ninth Amendment protects a right to choose a cellmate | Murray asserts a fundamental Ninth Amendment right to select a cellmate. | No court recognizes such a Ninth Amendment right for inmates. | No Ninth Amendment right to choose a cellmate; district court proper. |
| Whether Murray waived the broader challenge to BOP policy by not raising it in the district court | Broader policy challenge remains viable on appeal. | Waived because not raised below. | Waived; appellate review denied on that ground. |
Key Cases Cited
- Griswold v. Connecticut, 381 U.S. 479 (Supreme Court, 1965) (ninth amendment as a source of fundamental rights)
- Harris v. Greer, 750 F.2d 617 (7th Cir. 1984) (no right to choose cellmate for inmates)
- Cole v. Benson, 760 F.2d 226 (8th Cir. 1985) (inmate has no Eighth Amendment right to be placed in a particular cell)