[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 11 2007
THOMAS K. KAHN
No. 06-12870
CLERK
D. C. Docket No. 94-02700 CV-TWT-1
SALVADOR MAGLUTA,
Plaintiff-Appellant,
versus
F.P. SAM SAMPLES,
MICHAEL W. GARRETT,
MICHAEL BELL,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Georgia
(June 11, 2007)
Before DUBINA and BLACK, Circuit Judges, and RESTANI,* Judge.
PER CURIAM:
_______________________
*Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by
designation.
Appellant/Plaintiff, Salvador Magluta, appeals the district court’s order
granting summary judgment on his Bivens1 action. After reviewing the record,
reading the parties’ briefs, and having the benefit of oral argument, we first
conclude that the evidence does not establish that the conditions of Magluta’s
pretrial detention amounted to punishment, in violation of his Fifth Amendment
substantive due process rights. Magluta posed a serious and legitimate security
risk, and his detention was not an exaggerated response.
We conclude from the record, moreover, that, regardless of whether
Magluta had a protected liberty interest, he received all the process he was due.
Accordingly, we affirm the district court’s grant of summary judgment.
AFFIRMED.
1
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S. Ct.
1999 (1971).
2