Moore v. Dowd

731 F. Supp. 921, 1990 U.S. Dist. LEXIS 2296, 1990 WL 19167
CourtDistrict Court, E.D. Missouri
DecidedFebruary 28, 1990
DocketNo. 89-0121C(6)
StatusPublished

This text of 731 F. Supp. 921 (Moore v. Dowd) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Dowd, 731 F. Supp. 921, 1990 U.S. Dist. LEXIS 2296, 1990 WL 19167 (E.D. Mo. 1990).

Opinion

[922]*922MEMORANDUM

GUNN, District Judge.

This matter is before the Court on defendants’ motion for summary judgment.

Plaintiff Mitchell Moore, a prisoner at Farmington Correctional Center (FCC), brings this action pursuant to 42 U.S.C. § 1983 against Denis Dowd, Superintendent of FCC, Daniel Henry, Assistant Superintendent of FCC, and Larry Wells, a correctional officer, alleging violations of his rights under the eighth and fourteenth amendments to the Constitution.

On the basis of the pleadings, memoran-da, affidavits and exhibits on file in this matter, the Court finds the following undisputed facts.

Plaintiff, who at the time was housed in Housing Unit 2 or “2 House,” requested placement in the FCC Protective Custody Unit and after a classification hearing on September 13, 1988 received an assignment to protective custody within the Administrative Segregation Unit pending the availability of space within the Protective Custody Unit. See Defendants’ Exh. A. Plaintiff’s assignment to Protective Custody within the Administrative Segregation Unit resulted in his placement in Housing Unit 5 or “5 House.” On September 22, 1988, when a bed became available in the Protective Custody Unit in Housing Unit 4, plaintiff was placed there. On that same day defendant Henry allegedly told plaintiff that he did not need protective custody and would be ordered back to Administrative Segregation in Housing Unit 5. On September 23, 1988 a classification hearing was held and Moore was assigned to Administrative Segregation on the basis of the classification committee’s finding that his “behavior [was] to [sic] aggressive for P.C. placement.'...” Defendants’ Exh. C.

On October 2, 1988 Moore wrote a letter to Denis Dowd protesting his placement in Administrative Segregation and requesting placement in the Protective Custody Unit. See Defendants’ Exh. D; Plaintiff’s Exh. 1. In the letter Moore explained that he had requested protective custody on September 12, 1988 because he had received threats from three inmates in Housing Unit 2, the area where he had been housed prior to September 12, 1988. Id. Plaintiff identified the inmates who had threatened him. Id. Finally, plaintiff protested his placement in “5-house for no reason at all” and again requested protective custody. Id.

Plaintiff asserts that on October 4, 1988 defendant Dowd told plaintiff that he would not place him in the Protective Custody Unit but that plaintiff could stay in protective custody within the Administrative Segregation Unit as long as he wished or return to the “SAU program” in Housing Unit 2. Plaintiff alleges that he had “known enemies” in the Administrative Segregation Unit and that on the basis of plaintiff’s letter, defendants knew or should have known that plaintiff was in danger due to the presence of certain individuals in the Administrative Segregation Unit.

On October 12, 1988 two inmates attacked plaintiff, who was returning from the shower to his cell on Housing Unit 5. Plaintiff’s Exh. 2. Plaintiff fought back in self-defense and as a result received a conduct violation. Id. The inmates who attacked plaintiff were not among those identified in his October 2, 1988 letter. Id.

In support of his procedural due process claim, plaintiff asserts that he was denied due process when he was transferred from the Protective Custody Unit to Administrative Segregation on September 22 or 23, 1988. In support of his eighth amendment claim plaintiff further alleges that defendants were deliberately indifferent to his right to be free from violent attack by fellow inmates because they denied his requests for protective custody.

Under Rule 56 of the Federal Rules of Civil Procedure, a movant is entitled to summary judgment if he can “show that there is no genuine issue as to any material fact and that [he] is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); First Security Savings v. Kansas Bankers Surety Co., 849 F.2d 345, 349 (8th Cir.1988); Agristor Leasing v. Farrow, 826 F.2d 732, 734 (8th Cir.1987). In passing on a motion for summary judgment, a court is [923]*923required to view the facts and inferences that reasonably may be derived therefrom in the light most favorable to the non-moving party. Holloway v. Lockhart, 813 F.2d 874, 876 (8th Cir.1987); Economy Housing Co. v. Continental Forest Products, Inc., 757 F.2d 200, 203 (8th Cir.1985). The burden of proof is on the moving party and a court should not grant a summary judgment motion unless it is convinced that there is no evidence to sustain a recovery under any circumstances. Foster v. Johns-Manville Sales Corp., 787 F.2d 390, 392 (8th Cir.1986). As the Supreme Court has stated:

The inquiry performed is the threshold inquiry of determining whether there is the need for a trial — whether, in other words, there are any genuine factual issues that properly can be resolved only a finder of fact because they may reasonably be resolved in favor of either party.

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

With respect to plaintiff’s procedural due process claim, the Court concludes that defendants are entitled to judgment as a matter of law because there is no basis on which a reasonable jury could find that plaintiff was denied procedural due process when he was transferred from Protective Custody to Administrative Segregation on September 22 or 23, 1988.

A prisoner has no due process-based liberty interest in freedom from administrative segregation. Hewitt v. Helms, 459 U.S. 460, 466-68, 103 S.Ct. 864, 868-70, 74 L.Ed.2d 675 (1983). Therefore, if plaintiff has a liberty interest in freedom from administrative segregation it must arise from state-imposed limitations on the exercise of official discretion concerning the decision to place plaintiff in protective custody or administrative segregation. Clark v. Brewer, 776 F.2d 226, 230 (8th Cir.1985). Plaintiff has not identified a state statute or prison regulation which would give rise to a liberty interest in protective custody or in being free from administrative transfer. Nevertheless, even if the Court assumes that such an interest exists, it is clear that plaintiff received all the process he was due with respect to his transfer from protective custody to administrative segregation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Procunier v. Navarette
434 U.S. 555 (Supreme Court, 1978)
Harlow v. Fitzgerald
457 U.S. 800 (Supreme Court, 1982)
Hewitt v. Helms
459 U.S. 460 (Supreme Court, 1983)
Davis v. Scherer
468 U.S. 183 (Supreme Court, 1984)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Anderson v. Creighton
483 U.S. 635 (Supreme Court, 1987)
Hayes v. Lockhart
754 F.2d 281 (Eighth Circuit, 1985)
Clark v. Brewer
776 F.2d 226 (Eighth Circuit, 1985)
Foster v. Johns-Manville Sales Corp.
787 F.2d 390 (Eighth Circuit, 1986)
Tyler v. Black
811 F.2d 424 (Eighth Circuit, 1987)
Holloway v. Lockhart
813 F.2d 874 (Eighth Circuit, 1987)
AgriStor Leasing v. Farrow
826 F.2d 732 (Eighth Circuit, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
731 F. Supp. 921, 1990 U.S. Dist. LEXIS 2296, 1990 WL 19167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-dowd-moed-1990.