The pertinent parts of Snover's affidavit says that:

"On April 23, 1974, while inmate Franklin was housed at the "O" Unit of Florida State Prison he was assigned to the job of Inmate Truck Driver. In June of 1974, inmate Franklin requested a transfer to the Lawtey Vocational Center, however, the same was denied. When advised that his request for transfer was denied inmate Franklin became very belligerent. He was excused from the office until such time as he had calmed down. Within the same week inmate Franklin took the "O" Unit transportation bus and drove to the residence of the then Assistant Superintendent, L. C. McAllister, to discuss his transfer request that had been denied by Classification. This action by inmate Franklin resulted in his transfer back to the Main Unit at Florida State Prison and subsequent placement on Close Management June 20, 1974."

"The reason for his placement in Close Management was that he was in an unauthorized area, used a state vehicle for an unauthorized purpose, and as he had been warned previously about his unauthorized use of a state vehicle. He was considered to be a management problem."

Franklin described the conditions of the maximum security confinement as follows:

"4. Defendant Bingham summarily transferred me from minimum security to maximum punitive segregation R-Wing. This wing was used to warehouse inmates who were under psychiatric care, death row inmates and inmates on punitive segregation. While on R-Wing I was constantly subjected to physical harm and I underwent great mental pain because many of the inmates under psychiatric care constantly threw urine, excrement, glass, water, fire, other harmful objects and they hardly ever stopped screaming and hollering."

Cf. United States ex rel. Gereau v. Henderson, 5 Cir., 1976, 526 F.2d 889, in which we left open the question of disciplinary transfers. In our subsequent opinion in Bruce v. Wade, 5 Cir., 1976, 537 F.2d 850, we took note of the ramifications of the Supreme Court decisions

At the time the transfer occurred, § 945.09, Florida Statutes Annotated provided as follows:

09 Commitment of prisoners; Classification; Reception and Classification Center; transfer

All prisoners sentenced to the state penitentiary shall be committed by the court to the custody of the division and shall be conveyed in the manner provided by law to such institution in the correctional system as the division shall direct. The division shall establish a Reception and Classification Center for male prisoners at Lake Butler. The division shall provide reception and classification facilities for female prisoners at the Florida Correctional Institution at Lowell. Classification facilities shall be provided in the discretion of the division at all institutions in the correctional system. Pursuant to such regulations as the division may provide, the division is authorized to transfer prisoners from one institution to another institution in the correctional system and to reclassify prisoners as circumstances may require.

Florida Department of Offender Rehabilitation Rules and Regulations § 10B-15.03 (1975) provided as follows:

10B-1503 Transfer of Inmates. Upon completion of the reception center process, each inmate shall be assigned and transferred to the institution which might best facilitate his institutional progress. Inmates may subsequently be transferred from one institution to another. Transfers are subject to grievance procedures.

The grievance procedure as set forth in the Florida Department of Offender Rehabilitation Rules and Regulations (1975) provides as follows:

10B-1207 Inmate Grievance Procedure. The purpose of this procedure is to provide an inmate with a channel for the administrative settlement of the legitimate grievance. A grievance is a formal complaint concerning an incident, policy, or condition with the institution or the Division of Corrections. Most valid grievances can be resolved quickly through direct contact with the staff of the institution who are responsible for the particular area of the problem. Inmates should be encouraged to use routing informal remedied prior to initiating a formal grievance. However, when an inmate feels he has sufficient reason to submit an official formal grievance, he should obtain a copy of the request form for administrative remedy or appeal; all facts should be listed accordingly. Only one grievance per form can be initiated.

(1) The grievance complaint must be filed no later than 30 calendar days from the date on which the basis of the complaint occurred, unless it is clearly demonstrated by the inmate that it was not feasible to file within such a period.

(2) The Assistant Superintendent of the institution will have the grievance complaint logged and will have a receipt sent to the inmate. He may handle the grievance personally or he may designate appropriate staff members to investigate and/or respond. If a staff member investigates and responds, he too will sign the form along with the Assistant Superintendent. The response should state clearly why the grievance is approved or disapproved. If approved it should state what action will be taken to correct the problem. One copy will be placed in the inmate file and two copies will be returned to the inmate advising of action taken.

(3) When an inmate feels that he may be adversely affected by submission of his grievance at the institutional level because of its sensitive nature he may mail his grievance directly to the Director. He must clearly indicate a valid reason for not initially bringing his complaint to the attention of the institutional staff. Grievances of this type may be sealed in an envelope by the inmate and processed through routine institutional mail channels.

(4) Institutional officials will have up to 30 days, including holidays and week-ends from the receipt of the grievance to take action and respond to the inmate. When the grievance is, in the opinion of the Assistant Superintendent, of an emergency nature, a reply should be made as soon as possible.

(5) If the inmate feels his or her grievance has not been satisfactorily resolved at the institutional level, he or she may appeal to the Director. If the inmate files a formal grievance form to the Director the factual basis for appeal must be clearly stated in Part A and a copy of the original grievance and response at the institutional level attached. If the inmate fails to provide a reason for appeal or attach a copy of his institutional grievance and response or the Director feels that the reason supplied is not adequate, the appeal must be returned to the inmate and reasons for return will be specified in Part B. The Director or his designated representative will have a receipt sent to the inmate. He will cause the appeal to be investigated and will have up to 30 days, including week-ends and holidays from receipt of the appeal form to make a response. A copy of the response to the inmate will be sent to the Superintendent and a copy filed in the Central Office. The Superintendent's copy will be reviewed and filed in the institutional inmate file. When the time limit cannot be met either at the institutional or divisional level, the time limit may be extended for a reasonable period not to exceed thirty (30) days. If this action is taken the complainant will be notified in writing with the time of extension noted.

(6) A record must be made of each grievance or appeal and should contain at least the following information: Inmate name, prison number, date of receipt, subject of grievance or appeal, disposition of the grievance or repeal, and date of disposition. A copy of this record should be filed monthly in the Superintendent's or the Director's office.

(7) Inmates can be assured that no action will be taken against them resulting from submitting a grievance unless they knowingly and intentionally make a statement which is proven false beyond a reasonable doubt pursuant to disciplinary procedure.

From the information we have obtained, 10B-12.07, Inmate Grievance Procedure, was not in effect at Florida State Prison at the time of the transfer, June 5, 1974. We are advised that this portion of the regulations became effective at that facility on July 1, 1974. Although the procedure may not have been technically applicable to the transfer of June 5, 1974, for purposes of our analysis we assume that it is applicable. Our holding would be the same if the procedure had been effective five days before the transfer. The petitioner would not have gotten any benefit out of the procedure on this appeal

See Haines v. Kerner, 404 U.S. 519, 92 S. Ct. 594, 30 L. Ed. 2d 652 (1972)