Unpublished Disposition, 889 F.2d 1097 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 889 F.2d 1097 (9th Cir. 1989)

Willie T. WEST, Plaintiff-Appellant,v.Walt LUSTER, Leon Hardeston, Gene Walker, Edison Walker,individually and officially, John and Jane DoesOne through Ten; James Patterson,individually and officially,Defendants-Appellees.

No. 88-15515.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 31, 1989.* Decided Nov. 17, 1989.

Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.


Willie T. West, a Nevada State Prison inmate, appeals from the summary judgment entered in favor of the defendants in this action. West alleges that he was held in disciplinary segregation in violation of state procedural rights. We review a grant of summary judgment de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir. 1989). We affirm.

The threshold inquiry in this type of due process analysis is whether the plaintiff has shown entitlement to a protected liberty interest. Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir. 1987). The exhibits filed in this case uniformly demonstrate that West was held in administrative and not disciplinary segregation. A transfer from the general prison population to administrative segregation does not require any procedural safeguards because inmates retain only the most basic liberty interests. Hewitt v. Helms, 459 U.S. 460, 467 (1983). Because we conclude that West was held in administrative and not disciplinary segregation, no protected liberty interest was infringed, and we affirm the district court's grant of summary judgment.



The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a), Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3