Kevin Linn v. Jeremy Andrews, No. 19-2169 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Gruender, Beam and Kelly, Circuit Judges] Civil case - Civil rights. The district court did not err in granting defendants summary judgment in former prisoner's Section 1983 action. [ February 10, 2020 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2169 ___________________________ Kevin Linn lllllllllllllllllllllPlaintiff - Appellant v. Jeremy Andrews, Deputy Warden, Varner Unit; Michael Bolden, Chief Security Officer, Varner Unit; Keith Waddle, Disciplinary Hearing Officer; Randy Watson, Warden, Varner and Varner SuperMax Units; Raymond Naylor, Disciplinary Hearing Officer Administrator, ADC; Ray Hobbs, Former Director, ADC lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: February 5, 2020 Filed: February 11, 2020 [Unpublished] ____________ Before GRUENDER, BEAM, and KELLY, Circuit Judges. ____________ PER CURIAM. Former Arkansas prisoner Kevin Linn appeals the district court’s1 adverse grant of summary judgment in his pro se 42 U.S.C. § 1983 action, in which he asserted claims of retaliation and due process violations stemming from a prison disciplinary proceeding. After careful review of the record and the parties’ arguments on appeal, we conclude that defendants were entitled to summary judgment. See Hartsfield v. Nichols, 511 F.3d 826, 829 (8th Cir. 2008) (reviewing grant of summary judgment de novo; stating that a defendant may successfully defend a retaliatory discipline claim by showing some evidence the inmate actually committed a rule violation); see also Sandin v. Conner, 515 U.S. 472, 484-87 (1995) (stating that due process liberty interests are generally limited to freedom from restraint that imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas. -2-

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