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                        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.