Everett R. Lyon Dennis E. Fisher & Richard A. Lamphere v. Hal Farrier Crispus C. Nix John Emmitt Ron Welder Frank Roffe & Lt. Woodall, 727 F.2d 766 (8th Cir. 1984). · Go Syfert
Everett R. Lyon Dennis E. Fisher & Richard A. Lamphere v. Hal Farrier Crispus C. Nix John Emmitt Ron Welder Frank Roffe & Lt. Woodall, 727 F.2d 766 (8th Cir. 1984). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 1985–2025 · 2 courts · …among the liberties which prisoners do not enjoy is choice of cells. at p. 768
cited 3× by 3 distinct cases, 2022–2024 · 2 courts · …transfer within the prison, or to another prison, is within the discretion of prison officials. at p. 768 ⚠ not in text
110 citation events (54 in the last 25 years) across 31 distinct courts.
Strongest positive: Warfield v. South Dakota Department of Corrections (sdd, 2025-03-31)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Warfield v. South Dakota Department of Corrections
D.S.D. · 2025 · quote attribution · 1 verbatim quote · confidence high
among the liberties which prisoners do not enjoy is choice of cells. transfer within the prison, or to another prison, is within the discretion of prison officials.
discussed Cited as authority (verbatim quote) Gomez v. City of St. Louis
E.D. Mo. · 2025 · quote attribution · 1 verbatim quote · confidence high
among the liberties which prisoners do not enjoy is choice of cells.
discussed Cited as authority (verbatim quote) Cook v. Redington
E.D. Mo. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
among the liberties which prisoners do not enjoy is choice of cells
discussed Cited as authority (verbatim quote) Coe v. Dysinger
E.D. Mo. · 2020 · quote attribution · 1 verbatim quote · confidence high
among the liberties which prisoners do not enjoy is choice of cells.
discussed Cited as authority (verbatim quote) Cook v. Lockhart
E.D. Mo. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
among the liberties which prisoners do not enjoy is choice of cells
discussed Cited as authority (rule) Austin Edward Lightfeather v. Matthew Pavey and Cody Miller, Corporal
D. Neb. · 2025 · confidence medium
In addition, “prisoners have no choice of cell placement, transfer within a prison, or transfer to another prison as such decisions fall within the discretion of prison officials.” Hines, 2018 WL 7050674 , at *3 (citing Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984)).
discussed Cited as authority (rule) Spotted Elk v. Young
D.S.D. · 2025 · confidence medium
The court explained that “the expectation of keeping a particular job in prison is not a property interest entitled to due process 17 protection.” /d. (citing Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir. 1984); see also Smith, 945 F.3d at 1083 (citing Freitas. 109 F.3d at 1338 ) (holding that the loss of employment, wages, security classification, security points and inmate tier status neither individually or collectively amounted to an atypical or significant hardship.).
discussed Cited as authority (rule) Shattuck-Knaebel v. Missouri Department of Corrections
E.D. Mo. · 2024 · confidence medium
Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (internal citations omitted); see also Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir. 1993) (stating that prisoner plaintiffs “had no right … to be housed in a certain barrack or man cell assignment based on his allegations concerning incidents which occurred at PCC, this relief is mooted by his transfer to ERDCC. i. Official Capacity claims must be dismissed because the State of Missouri is protected by immunity from damages relief and not su…
discussed Cited as authority (rule) Shattuck-Knaebel v. Missouri Department of Corrections
E.D. Mo. · 2024 · confidence medium
Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (internal citations omitted); see also Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir. 1993) (stating that prisoner plaintiffs “had no right … to be housed in a certain barrack or housing unit, or with certain inmates”).
cited Cited as authority (rule) Davi v. Cook
D.S.D. · 2024 · confidence medium
“Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (per curiam) (internal citations omitted).
discussed Cited as authority (rule) Sutton 206240 v. Zupont
W.D. Mich. · 2024 · confidence medium
Williams v. Meese, 926 F.2d 994, 997 (10th Cir. 1991); James v. Quinlan, 866 F.2d 627 , 629–30 (3d Cir. 1989); Garza v. Miller, 688 F.2d 480, 485 (7th Cir. 1982); see also Gill v. Mooney, 824 F.2d 192, 194 (2d Cir. 1987) (no constitutional right to prison job); Adams v. James, 784 F.2d 1077, 1079 (11th Cir. 1986) (same); Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir. 1984) (same); Manning v. Lockhart, 623 F.2d 536, 538 (8th Cir. 1980); Sigler v. Lowrie, 404 F.2d 659 (8th Cir. 1968); Woodall v. Partilla, 581 F. Supp. 1066 (N.D.Ill. 1984); Anderson v. Hascall, 566 F. Supp. 1492, 1496 (D.Minn. 19…
discussed Cited as authority (rule) Spotted Elk v. Young (2×)
D.S.D. · 2024 · confidence medium
Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (per curiam) (internal citations omitted).
discussed Cited as authority (rule) Curry v. Cutt
E.D. Mo. · 2024 · confidence medium
Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (internal citations omitted); see also Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir. 1993) (stating that prisoner “had no right . . . to be housed in a certain barrack or housing unit, or with certain inmates”). 3.
discussed Cited as authority (rule) Scott v. Carpenter
D.S.D. · 2024 · confidence medium
“Among the liberties which prisoners do not enjoy is choice of cells, Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (per curiam) (citations omitted).
cited Cited as authority (rule) Robinson v. Case Manager Russell Van Langen
D. Neb. · 2023 · confidence medium
Mo. June 22, 2022) (quoting Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (internal citations omitted)).
cited Cited as authority (rule) Jeude v. City of St. Louis, Missouri
E.D. Mo. · 2023 · confidence medium
Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984). above, medical care.
cited Cited as authority (rule) Jeude v. Ste. Genevieve Memorial Hospital
E.D. Mo. · 2022 · confidence medium
“Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (internal citations omitted).
examined Cited as authority (rule) Christians v. Christensen (3×) also: Cited "see"
D.S.D. · 2022 · confidence medium
But “[iJnmates have no constitutional entitlement to tenure in prison jobs.” Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir. 1984) (per 14 curiam) (citation omitted).
discussed Cited as authority (rule) Maury v. Seamon
N.D. Cal. · 2022 · confidence medium
Farrier, 727 F.2d 766, 769 (8th Cir.1984) (whatever liberty or property 4 || interests inhere in prison employment are the product of state law), or to an administrative 5 grievance system, see Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003).
discussed Cited as authority (rule) Kinsey v. Effan
E.D. Mo. · 2022 · confidence medium
Transfers to another prison are entirely within the discretion of prison officials, Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir.1984), and prisoners have no justifiable expectation that they will be incarcerated in any particular prison within a state.
discussed Cited as authority (rule) Morgan v. Francis
E.D. Mo. · 2022 · confidence medium
“Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (internal citations omitted); see also Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir. 1993) (stating that prisoner plaintiffs “had no right … to be housed in a certain barrack or housing unit, or with certain inmates”).
discussed Cited as authority (rule) Baalim v. St. Louis City Justice Center
E.D. Mo. · 2022 · confidence medium
Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (internal citations omitted); see also Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir. 1993) (stating that prisoner plaintiffs “had no right … to be housed in a certain barrack or housing unit, or with certain inmates”).
discussed Cited as authority (rule) Abbott v. Francis
E.D. Mo. · 2022 · confidence medium
First, transfers to another prison are entirely within the discretion of prison officials, Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir.1984), and prisoners have no justifiable expectation that they will be incarcerated in any particular prison within a state.
discussed Cited as authority (rule) Navarrette v. Alameda County Sheriffs Office (2×) also: Cited "see"
N.D. Cal. · 2022 · confidence medium
Lyon v. 21 Farrier, 727 F.2d 766, 769 (8th Cir. 1984).
discussed Cited as authority (rule) Navarrette v. Alameda County Sheriff's Office (2×) also: Cited "see"
N.D. Cal. · 2022 · confidence medium
Lyon v. 21 Farrier, 727 F.2d 766, 769 (8th Cir. 1984).
discussed Cited as authority (rule) Barber v. Frakes
D. Neb. · 2021 · confidence medium
See Flittie v. Solem, 827 F.2d 276, 279 (8th Cir. 1987) (“[I]nmates have no constitutional right to be assigned to a particular job.”); Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir. 1984) (concluding an inmate has no constitutional right to a prison job nor to retain a particular job); Peck v. Hoff, 660 F.2d 371, 373 (8th Cir. 1981) (determining inmate had no legal entitlement or right to particular job assignment).
cited Cited as authority (rule) Lacy v. Callahan
E.D. Mo. · 2021 · confidence medium
“Among the liberties which prisoners do not enjoy is choice of cells.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984).
discussed Cited as authority (rule) Curry v. Women's Eastern Reception Diagnostic and Correctional Center
E.D. Mo. · 2021 · confidence medium
Transfer within the prison, or to another prison, is within the discretion of prison officials.” Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984) (internal citations omitted); see also Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir. 1993) (stating that prisoner Currys “had no right . . . to be housed in a certain barrack or housing unit, or with certain inmates”).
cited Cited as authority (rule) Vaughn v. Gullett
E.D. Mo. · 2020 · confidence medium
Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984).
discussed Cited as authority (rule) Barber v. Frakes
D. Neb. · 2020 · confidence medium
See Flittie v. Solem, 827 F.2d 276, 279 (8th Cir. 1987) (“[I]nmates have no constitutional right to be assigned to a particular job.”); Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir. 1984) (concluding an inmate has no constitutional right to a prison job nor to retain a particular job); Peck v. Hoff, 660 F.2d 371, 373 (8th Cir. 1981) (determining inmate had no legal entitlement or right to particular job assignment).
cited Cited as authority (rule) Vargas v. Minor
E.D. Mo. · 2020 · confidence medium
That is, “[i]nmates have no constitutional entitlement to tenure in prison jobs.” Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir. 1984).
discussed Cited as authority (rule) (PC) Hill v. Rios
E.D. Cal. · 2019 · confidence medium
See Grayson v. Rison, 945 21 F.2d 1064 , 1067 (9th Cir. 1991) (inmate has no right to housing in less restrictive section of 22 facility); Atiyeh v. Capps, 449 U.S. 1312, 1315-16 (1981) (Eighth Amendment does not require 23 inmates be housed in manner that avoids confrontation); Lyon v. Farmer, 727 F.2d 766, 768 (8th 24 Cir. 1984) (stating transfer within prison is within discretion of prison officials).
discussed Cited as authority (rule) Whitsett v. Cannon
M.D. Fla. · 2015 · confidence medium
Sandin, 515 U.S. at 482-83 , 115 S.Ct. at 2299 -2300 (citing Klos v. Haskell, 48 F.3d 81, 82 (2d Cir.1995)) (claiming liberty interest in right to participate in "shock program" — a type of boot camp for inmates); Segal v. Biller, 39 F.3d 1188 , *1-2 (9th Cir.1994) (unpublished) (claiming liberty, interest in a waiver of the travel limit imposed on prison furloughs); Burgin v. Nix, 899 F.2d 733, 735 (8th Cir.1990) (claiming liberty interest in receiving a tray lunch rather than a sack lunch); Spruytte v. Walters, 753 F.2d 498, 506-08 (6th Cir.1985) (finding liberty interest in receiving a pa…
discussed Cited as authority (rule) Hughes v. Judd
M.D. Fla. · 2015 · confidence medium
LEXIS 30628 (C.A.9 Oct. 31, 1994) (unpublished) (claiming liberty interest in a waiver of the travel limit imposed on prison furloughs); Burgin v. Nix, 899 F.2d 733, 735 (C.A.8 1990) (claiming liberty interest in receiving a tray lunch rather than a sack lunch); Spruytte v. Walters, 753 F.2d 498, 506-508 (C.A.6 1985) (finding liberty interest in receiving a paperback dictionary due to a rule that states a prisoner “ ‘may receive any book ... which does not present a threat to the order or security of the institution’ ”) (citation omitted); Lyon v. Farrier, 727 F.2d 766, 768-769 (C.A.8 …
discussed Cited as authority (rule) Sparkman v. State
Md. Ct. Spec. App. · 2009 · confidence medium
In Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir.1984), this court held that, although prisoners retain some fourth amendment rights while in prison, these rights are limited by institutional security needs and the prisoner’s reduced expectation of privacy.
discussed Cited as authority (rule) Witherow v. Crawford
D. Nev. · 2006 · confidence medium
Sandin, 515 U.S. at 483 , 115 S.Ct. 2293 , citing Segal v. Biller, No. 94-35448, 1994 WL 594705 (9th Cir. Oct.31, 1994) (unpublished) (case claiming liberty interest in a waiver of the travel limit imposed on prison furlough), Burgin v. Nix, 899 F.2d 733 , *1266 735 (8th Cir.1990) (claiming liberty interest in receiving a tray lunch rather than a sack lunch), and Lyon v. Farrier, 727 F.2d 766, 768-769 (8th Cir.1984) (claiming liberty interest in freedom from transfer to a smaller cell without electrical outlets for televisions and liberty interest in prison job).
discussed Cited as authority (rule) Smith v. United States
D.D.C. · 2003 · confidence medium
LEXIS 30628, at *3-4 (9th Cir., Oct. 31,1994) (unpublished) (seeking liberty interest in a waiver of the travel limit imposed on prison furloughs); Burgin v. Nix, 899 F.2d 733, 735 (8th Cir.1990) (arguing for a liberty interest in receiving a tray lunch rather than a sack lunch); Spruytte v. Walters, 753 F.2d 498, 506-08 (6th Cir.1985) (finding liberty interest in receiving a paperback dictionary due to a rule that allows a prisoner to "receive any book ... which does not present a threat to the order or security of the institution"); Lyon v. Farrier, 727 F.2d 766, 768-69 (8th Cir.1984) (claim…
discussed Cited as authority (rule) In re the Personal Restraint of Meyer
Wash. · 2001 · confidence medium
See, e.g., Klos v. Haskell, 48 F.3d 81, 82 (2d Cir. 1995) (claiming liberty interest in right to participate in “shock program”—a type of boot camp for inmates); Segal v. Biller, 39 F.3d 1188 (9th Cir. 1994) (claiming liberty interest in a waiver of the travel limit imposed on prison furloughs); Burgin v. Nix, 899 F.2d 733, 735 (8th Cir. 1990) (claiming liberty interest in receiving a tray lunch rather than a sack lunch); Spruytte v. Walters, 753 F.2d 498, 506-08 (6th Cir. 1985) (finding liberty interest in receiving a paperback dictionary due to a rule that states a prisoner “ ‘may …
discussed Cited as authority (rule) In Re Meyer
Wash. · 2001 · confidence medium
After serving at least "ten consecutive years in the community," an offender may also petition the superior court for relief from the duty to register. [3] See, e.g., Klos v. Haskell, 48 F.3d 81, 82 (2d Cir.1995) (claiming liberty interest in right to participate in "shock program"—a type of boot camp for inmates); Segal v. Biller, 39 F.3d 1188 (9th Cir.1994) (claiming liberty interest in a waiver of the travel limit imposed on prison furloughs); Burgin v. Nix, 899 F.2d 733, 735 (8th Cir.1990) (claiming liberty interest in receiving a tray lunch rather than a sack lunch); Spruytte v. Walters…
discussed Cited as authority (rule) Miller v. Campbell
W.D. Tenn. · 2000 · confidence medium
See also Gill v. Mooney, 824 F.2d 192, 194 (2d Cir.1987) (no constitutional right to prison job); Adams v. James, 784 F.2d 1077, 1079 (11th Cir.1986) (same); Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir.1984) (same); Manning v. Lockhart, 623 F.2d 536, 538 (8th Cir.1980); Sigler v. Lowrie, 404 F.2d 659 (8th Cir.1968); Woodall v. Partilla, 581 F.Supp. 1066 (N.D.Ill.1984); Anderson v. Hascall, 566 F.Supp. 1492, 1496 (D.Minn.1983).
discussed Cited as authority (rule) Lawson v. Zavaras
Colo. · 1998 · confidence medium
See also id. at 483, 94 S.Ct. 2963 (citing cases in which the deprivation suffered by the inmate may be considered insubstantial); Burgin v. Nix, 899 F.2d 733, 735 (8th Cir.1990) (finding no liberty interest in receiving a tray lunch rather than a sack lunch); Lyon v. Farrier, 727 F.2d 766, 768-69 (8th Cir.1984) (finding no liberty interest in freedom from transfer to a smaller cell without electrical outlets for televisions and liberty interest in prison job). 7 .
cited Cited as authority (rule) Jake Emil Thompson v. Imr Adjustment Committee John Sissel John A. Thalacker Kenneth Lewis Six Unknown Guards
8th Cir. · 1996 · confidence medium
Ochs v. Thalacker, 90 F.3d 293 , 296 (8th Cir.1996); Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir.1984). 6 Accordingly, the judgment of the district court is affirmed.
cited Cited as authority (rule) Jake Emil Thompson v. IMR Adjustment
8th Cir. · 1996 · confidence medium
Ochs v. Thalacker, 90 F.3d 293 , 296 (8th Cir. 1996); Lyon v. Farrier, 727 F.2d 766, 768 (8th Cir. 1984). -2- Accordingly, the judgment of the district court is affirmed.
discussed Cited as authority (rule) Teshome Abate v. Samuel A. Lewis
9th Cir. · 1996 · confidence medium
Lyon v. Farmer, 727 F.2d 766, 769 (7th Cir.1984) (prisoners have no constitutional entitlement to tenure in prison jobs; whatever interests inhere in prison employment are the product of state law); see also Bauman v. Arizona Dep't of Corrections, 754 F.2d 841, 846 (9th Cir.1985) (denial of work and home furlough does not implicate constitutional interests because no state created liberty interest). 25 In addition, state created liberty interests "will be generally limited to freedom from restraint which, while not exceeding the sentence in such an unexpected manner as to give rise to protecti…
discussed Cited as authority (rule) Eddie Risdal v. Lt. Jacobs Robert Washington Jim Helling
8th Cir. · 1995 · confidence medium
See Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir. 1993) (per curiam) (no right based on Due Process Clause to be housed in certain barrack or housing unit), cert. denied, 115 S. Ct. 100 (1994); Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir.) (per curiam) (no constitutional right to tenure in prison jobs, and ISP regulations do not create property or liberty interest in prison job), cert. denied, 469 U.S. 839 (1984). 5 Risdal further alleged that the foregoing actions were taken against him for retaliatory reasons.
examined Cited as authority (rule) Sandin v. Conner (4×)
SCOTUS · 1995 · confidence medium
See, e. g., Klos v. Haskell, 48 F. 3d 81, 82 (CA2 1995) (claiming liberty interest in right to participate in “shock program” — a type of boot camp for inmates); Segal v. Biller, No. 94-35448, 1994 U. S. App. LEXIS 30628 (CA9, Oct. 31,1994) (unpublished) (claiming liberty interest in a waiver of the travel limit imposed on prison furloughs); Burgin v. Nix, 899 F. 2d 733, 735 (CA8 1990) (claiming liberty interest in receiving a tray lunch rather than a sack lunch); Spruytte v. Walters, 753 F. 2d 498, 506-508 (CA6 1985) (finding liberty interest in receiving a paperback dictionary due to a…
discussed Cited as authority (rule) Mandel v. Allen
E.D. Va. · 1995 · confidence medium
See Loudermill, 470 U.S. at 541 , 105 S.Ct. at 1493 (“‘Property cannot be defined by the procedures provided for its de-privation....”); Brandon v. District of Columbia Bd. of Parole, 823 F.2d 644, 649 (D.C.Cir.1987) (refusing to “equate the process due with the substantive interest” and noting that otherwise, “there would be a constitutional due process right to have states adhere to any procedural rules promulgated by them”); Harris v. Birmingham Bd. of Educ., 817 F.2d 1525 , 1528 (11th Cir.1987) (refusing to equate a “violation of a state statute outlining procedure” with …
cited Cited as authority (rule) Losee v. Nix
S.D. Iowa · 1994 · confidence medium
Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir.), cert. denied, 469 U.S. 839 , 105 S.Ct. 140 , 83 L.Ed.2d 79 (1984); see also Williams v. Nix, 1 F.3d 712, 717 (8th Cir. 1993).
discussed Cited as authority (rule) Payton v. Vaughn
E.D. Pa. · 1992 · confidence medium
Bell v. Wolfish, 441 U.S. 520, 558-60 , 99 S.Ct. 1861, 1884-85 , 60 L.Ed.2d 447 (1979); Lyon v. Farmer, 727 F.2d 766, 769 (8th Cir.1984), cert. denied, 469 U.S. 839 , 105 S.Ct. 140 , 83 L.Ed.2d 79 (1984).
discussed Cited as authority (rule) Richard R. Harris, Trustee v. J.L. Sivley
9th Cir. · 1991 · confidence medium
See Baumann v. Arizona Dep't of Corrections, 754 F.2d 841, 846 (9th Cir.1985) (no constitutional right to jobs and educational opportunities); Rizzo v. Dawson, 778 F.2d 527, 530 (9th Cir.1985) (no liberty or property interest in vocational training); Hoptowit v. Rhay, 682 F.2d 1237 , 1254-55 (9th Cir.1982) (no constitutional right to rehabilitation); accord Gill v. Mooney, 824 F.2d 192, 194 (2d Cir.1987) (no constitutional right to prison job); Adams v. James, 784 F.2d 1077, 1079 (11th Cir.1986) (same); Lyon v. Farrier, 727 F.2d 766, 769 (8th Cir.) (same), cert. denied, 469 U.S. 839 (1984).
Retrieving the full opinion text from the archive…
Everett R. LYON; Dennis E. Fisher and Richard A. Lamphere, Appellants,
v.
Hal FARRIER; Crispus C. Nix; John Emmitt; Ron Welder; Frank Roffe and Lt. Woodall, Appellees
83-2367.
Court of Appeals for the Eighth Circuit.
Mar 21, 1984.
727 F.2d 766
Thomas J. Miller, Atty. Gen. of Iowa, Gordon E. Allen, Sp. Asst. Atty. Gen., Layne M. Lindebak, Asst. Atty. Gen., Des Moines, Iowa, for appellees., Everett R. Lyon, pro se., Dennis E. Fisher, pro se.
Fagg, McMILLIAN, Per Curiam, Ross.
Cited by 95 opinions  |  Published
PER CURIAM.

Everett R. Lyon, Dennis É. Fisher, and Richard A. Lamphere appeal from the district court’s dismissal with prejudice of their claims under 42 U.S.C. § 1983. For reversal, they contend that the district court committed error in concluding that their constitutional rights had not been violated. After reviewing the record and relevant case law, we affirm.

In March 1982, a confidential informant notified officials of the Iowa State Penitentiary that a group of inmates, including Lyon, Fisher, and Lamphere, were planning an escape. The officials informed the inmates that they were under investigation. Although the inmates were already in protective custody, they were transferred to different protective custody cells. Through clerical error, the inmates were placed on “red tag” status. A red tag tied to an inmate’s cell indicates that the inmate is to receive privileges according to a more restricted schedule. After five days, the red tag error was detected and corrected, and the inmates were returned to regular protective custody. As part of the investigation, legal materials and personal property were removed from the inmates’ cells to the warden’s office, where they were searched and returned the following day. In addition, Lyon and Fisher were immediately removed from their jobs as cellhouse lum-pers or utility men and were not reinstated after their return to regular protective custody.

A month later the inmates sued in federal court, alleging deprivation of due process, infliction of cruel and unusual punishment, unlawful search and seizure, and denial of access to the courts. The case was referred to the U.S. Magistrate and, after an eviden-tiary hearing, he recommended entry of[*768] judgment for the defendants on all claims. The district court accepted his findings and dismissed the complaint. On appeal, the inmates reassert their due process rights relating to disciplinary action and job security and their right to be free from unlawful search and seizure.

First, the inmates argue that the district court committed error in finding that the prison rules do not create a liberty interest protected by the due process clause. Rule 804 provides that the extent of inmates’ procedural rights depends on the gravity of their losses. See Policy and Procedural Guidelines: Procedure for Discipline and Control of Inmates § 804(A)(6). Notice must precede disciplinary actions; reported rule violations must be accompanied with written notice within 24 hours, while summary action, such as administrative segregation, requires more elaborate procedures. § 804(B)(3).

Concerning the effect of rules and statutes in creating protected interests, the Supreme Court has held that “the repeated use of explicitly mandatory language in connection with requiring specific substantive predicates” constitutes a state-created liberty interest. Hewitt v. Helms, -- U.S. --, 103 S.Ct. 864, 871, 74 L.Ed.2d 675 (1983). See Johnson v. Stark, 717 F.2d 1550, 1551 (8th Cir.1983). The Court, however, has “never held that statutes and regulations governing daily operation of a prison system conferred any liberty interest in and of themselves.” Hewitt v. Helms, supra, 103 S.Ct. at 870.

Any liberty or property interest that might be implicated by Rule 804 did not arise in this case. We note that the inmates’ losses were not severe. They were moved to slightly smaller cells which had no outlets for their televisions. They did not forfeit any reduction of sentence or “good time” credit and were not changed to maximum security status. All three remained in protective custody status before, during, and after the relevant events. Transfers of inmates “to less amenable and more restrictive quarters for nonpunitive reasons is well within the terms of confinement ordinarily contemplated by a prison sentence.” Id. at 869-70. Rule 804(A)(6) emphasizes the flexibility of process requirements: in applying the proper measure of process, deci-sionmakers focus on the word “due,” and observe greater procedural protection in cases of greater loss to the inmate. Thus, minor losses require relatively less procedural protection. In this case, the procedure observed by prison personnel adequately protected the inmates’ rights relative to their potential losses.

We also observe that the official acts complained of were not punitive in nature. Under Bell v. Wolfish, 441 U.S. 520, 539, 99 S.Ct. 1861, 1874, 60 L.Ed.2d 447 (1979), a disability is not punitive if it is “reasonably related to a legitimate governmental objective * * *.” The official action in this case was a minimally intrusive means of investigating a possible escape, and therefore was related to the legitimate ends of maintaining security and protecting the public. Cf. Jones v. Mabry, 723 F.2d 590 (8th Cir.1983). Because the investigation was nonpunitive, it did not invoke the procedural protection of Rule 804, and no protected interest was involved.

In addition, we note that procedural protections alone, absent an underlying substantive entitlement, do not constitute substantive, protected interests. In Olim v. Wakinekona, -- U.S. --, 103 S.Ct. 1741, 1748, 75 L.Ed.2d 813 (1983), the Supreme Court held that “[p]rocess is not an end in itself. Its constitutional purpose is to protect a substantive interest to which the individual has a legitimate claim of entitlement.” See also Jones v. Mabry, supra, at p. 593. It is well established that prisoners have only narrowly defined liberty interests, for imprisonment necessarily retracts many of the liberties of the free. Hewitt v. Helms, supra, 103 S.Ct. at 869. Among the liberties which prisoners do not enjoy is choice of cells. Transfer within the prison, id. at 869-70, or to another prison, Olim v. Wakinekona, supra, 103 S.Ct. at 1745-46, is within the discretion of prison officials. Therefore, because the inmates have no underlying substantive interest[*769] contrary to their transfer in this case, no justification arises for process under Rule 804.

The inmates also claim that the district court committed error in determining that their due process rights were not violated by the failure of prison officials to reinstate them in their prison jobs with back pay. Inmates have no constitutional entitlement to tenure in prison jobs. Garza v. Miller, 688 F.2d 480, 486 (7th Cir.1982), cert. denied, -- U.S. --, 103 S.Ct. 796, 74 L.Ed.2d 1000 (1983); see Gibson v. McEvers, 631 F.2d 95, 98 (7th Cir.1980). Whatever liberty or property interests inhere in prison employment are the product of state law. Peck v. Hoff, 660 F.2d 371, 373 (8th Cir.1981). To create such interests, state law must use “language of an unmistakably mandatory character * * Hewitt v. Helms, supra, 103 S.Ct. at 871.

The prison regulations that govern this case do not create property or liberty interests. The inmates note that Paragraph VII (9) of the prison’s Inmate Policy and Procedure Statements No. 82-3-18-399: Inmate Payroll Procedures provides that an inmate under investigation or placed on Summary Segregative Status “will be returned to his assignment and receive back pay.” Although appellant Lyon was assigned to a new job, Fisher and Lamphere were not reemployed. Nevertheless, they had no state-created right to return to work. The portion of Paragraph VII cited above described permissible absences from work with pay. Although it implies a right to return to work, it is necessarily controlled by Paragraph VI (“Removal from Assignment”), which gives the Classification Committee the authority to remove inmates from their jobs at the written request of specified prison staff members. The prison security director testified in general terms before the magistrate that the committee denied reemployment to Fisher and Lamphere. The discretion of the committee and staff is not further limited in this paragraph. Absent substantive limitations on such discretion, the regulation creates no liberty interest subject to due process protection. Olim v. Wakinekona, supra, 103 S.Ct. at 1747; Garza v. Miller, supra, 688 F.2d at 485-86. Because existing procedures were followed, and because no protected interests arose under the regulations, the removal of the inmates from their jobs was proper.

Finally, the inmates contend that the search and seizure of property in their cells violated their fourth amendment rights. The consent decree entered in Dee v. Brewer, Civil No. 77-102-1 (S.D.Iowa July 25, 1980), provides that, absent consent or exigent circumstances, an inmate’s legal papers will not be searched or removed from his cell in his absence. It is contended that exigent circumstances did not exist in this case.

While we have found that prisoners retain some fourth amendment rights while in prison, these rights are “limited by institutional security needs and the prisoner’s reduced expectation of privacy.” United States v. Surridge, 687 F.2d 250, 256 (8th Cir.), cert. denied, 459 U.S. 1044, 103 S.Ct. 465, 74 L.Ed.2d 614 (1982); see also United States v. Stumes, 549 F.2d 831, 832 (8th Cir.1977); cf. United States v, Hinckley, 672 F.2d 115, 129 (D.C.Cir.1982). We have found no cases defining “exigent circumstances” as the phrase is used in Dee. In Bell v. Wolfish, supra, 441 U.S. at 557-60, 99 S.Ct. at 1883-85, however, the Supreme Court allowed searches of pretrial detainees’ living areas and body cavities, after “balancing the significant arid legitimate security interests of the institution against the privacy interests of the inmates.” A balancing of institutional and individual interests here suggests that exigent circumstances were present. Prisoner escapes threaten the security of society and the discipline of the prison. To prevent escapes, prison officials must thoroughly and promptly investigate credible information about escapes. Effective investigation may require the inmate’s brief absence from the area to be searched, so that contraband is not concealed or destroyed. Bell v. Wolfish, supra, 441 U.S. at 555-56 n. 36, 99 S.Ct. at 1882-83 n. 36. Therefore, the search con[*770] ducted here was proper under the exigent circumstances that confronted prison officials.

Accordingly, the judgment of the district court is affirmed.