DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
213455P.pdf 04/24/2023 James Spann v. George Lombardi
U.S. Court of Appeals Case No: 21-3455
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Colloton, Author, with Shepherd and Grasz, Circuit Judges]
Prisoner case - Prisoner civil rights. For the Court's prior opinion in
the matter, see Spann v. Lombardi, 960 F.3d 1085 (8th Cir. 2020). Even
assuming for the sake of analysis that plaintiff enjoyed a clearly
established liberty interest in avoiding assignment to Administrative
Segregation, it was not clearly established that he was entitled to the
procedures set forth in Wolff v. McDonnell, 418 U.S. 539 (1974) as the
Wolff procedures do not apply when an inmate is transferred to
Administrative Segregation; instead, a transfer to Administrative
Segregation requires only informal, non-adversary due process procedures
like those set out in Hewitt v. Helms, 459 U.S. 460 (1983) and Greenholtz
v. Inmates of Nebraska Penal Complex, 442 U.S. 1 (1979); in light of this,
a reasonable prison official could have believed that the procedures
applied in plaintiff's case were constitutionally sufficient, and the
prison officials were entitled to qualified immunity on plaintiff's due
process claim; with respect to plaintiff's allegations of retaliatory
discipline, the violation reports regarding plaintiff's alleged misconduct
meet the "some evidence" standard established in Hartsfield v. Nichols,
511 F.3d 826 (8th Cir. 2008), and the jail officials were entitled to
qualified immunity on plaintiff's claims alleging retaliatory discipline.