Scott W. Bailey v. Duane Shillinger, 828 F.2d 651 (10th Cir. 1987). · Go Syfert
Scott W. Bailey v. Duane Shillinger, 828 F.2d 651 (10th Cir. 1987). Cases Citing This Book View Copy Cite
97 citation events (67 in the last 25 years) across 16 distinct courts.
Strongest positive: Pittman v. Long (cod, 2025-09-04)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Pittman v. Long (2×) also: Cited "see, e.g."
D. Colo. · 2025 · confidence medium
Colo. 2012); Perkins v. Kansas Dep't of Corr., 165 F.3d 803, 810 (10th Cir. 1999); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987).
discussed Cited as authority (rule) Cheatham (ID 96193) v. Howes
D. Kan. · 2025 · confidence medium
This Court has held that: Although recognizing that outdoor exercise is “extremely important to the psychological and physical well-being of inmates,” the Tenth Circuit has also “made clear that a denial of outdoor exercise does not per se violate the Eighth Amendment.” Apodaca v. Raemisch, 864 F.3d 1071, 1077 (10th Cir. 2017) (quoting Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (per curiam)).
discussed Cited as authority (rule) Dutcher v. Foley
E.D. Mo. · 2025 · confidence medium
See Spann v. Lombardi, 65 F.4th 987 , 992–93 (8th Cir. 2023) (noting, in context of a disciplinary transfer to administrative segregation, that the transfer “requires only informal, nonadversary due process procedures”); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir. 1987) (per curiam) (finding prison was not required to hold formal hearing before concluding prisoner should be “segregated for administrative reasons involving the safety of the prison employees and other inmates”); Clark v. Brewer, 776 F.2d 226, 234 (8th Cir. 1985) (requiring “some type of reasonable, periodic re…
discussed Cited as authority (rule) Lassiter v. Blevins
W.D. Va. · 2024 · confidence medium
E.g., Wishon v. Gammon, 978 F.2d 446, 449 (8th Cir. 1992) (finding no violation of rights by outdoor exercise limited to 45 minutes per week); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (finding no violation of rights when exercise limited to one hour per week).
discussed Cited as authority (rule) Pittman v. Long
D. Colo. · 2024 · confidence medium
Lastly, in Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987), the Tenth Circuit noted that no court had ruled that a denial of fresh air and exercise “is per se an Eighth Amendment violation” and held that the plaintiff’s Eighth Amendment rights were not violated when he was allowed to use the outdoor exercise facility for one hour a week.
discussed Cited as authority (rule) Crespin v. City of Albuquerque (2×) also: Cited "see"
D.N.M. · 2024 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987).
discussed Cited as authority (rule) PERRY v. REAGLE
S.D. Ind. · 2024 · confidence medium
App'x 224, 228 (7th Cir. 2014) (four hours per week of outdoor recreation did not violate Eighth Amendment); Harris v. Fleming, 839 F.2d 1232, 1236 (7th Cir. 1988) (indoor recreation only did not violate Eighth Amendment); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (one hour per week of outdoor recreation did not violate Eighth Amendment).
discussed Cited as authority (rule) Cox (ID 98253) v. Zmuda
D. Kan. · 2023 · confidence medium
Although recognizing that outdoor exercise is “extremely important to the psychological and physical well-being of inmates,” the Tenth Circuit has also “made clear that a denial of outdoor exercise does not per se violate the Eighth Amendment.” Apodaca v. Raemisch, 864 F.3d 1071, 1077 (10th Cir. 2017) (quoting Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (per curiam)).
discussed Cited as authority (rule) Cox (ID 98253) v. Zmuda
D. Kan. · 2023 · confidence medium
Eighth Amendment claim where he alleged he “has not been permitted exercise outside his cell for over a year”); Housley, 41 F.3d at 599 (Plaintiff “stated a claim by alleging that he received only thirty minutes of out-of-cell exercise in three months.”). “[S]ome form of regular outdoor exercise is extremely important to the psychological and physical well-being of inmates, and some courts have held a denial of fresh air and exercise to be cruel and unusual punishment under certain circumstances.” Ajaj v. United States, 293 F. App’x 575, 583-84 (10th Cir. 2008) (quoting Fogle, 43…
discussed Cited as authority (rule) Ford v. Northam
W.D. Va. · 2023 · confidence medium
See, e.g., Beverati v. Smith, 120 F.3d 500, 504 (4th Cir. 1997) (finding that segregation inmates did not state Eighth Amendment claim when they complained of being housed for six months in a unit with no outside recreation, no clean clothes, inadequate food, and cells infested with vermin and smeared with urine and feces); Wishon v. Gammon, 978 F.2d 446, 449 (8th Cir. 1992) (holding 45 minutes of outdoor exercise per week did not state an Eighth Amendment claim); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (same as to one hour of exercise per week outdoors).
discussed Cited as authority (rule) Hoehn v. Gibson
W.D. Va. · 2023 · confidence medium
E.g., Wishon v. Gammon, 978 F.2d 446, 449 (8th Cir. 1992) (holding 45 minutes of outdoor exercise per week with no injury suffered did not state an Eighth Amendment claim); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (same as to one hour of exercise per week outdoors).
discussed Cited as authority (rule) Anthony A. v. Commissioner of Correction
Conn. · 2021 · confidence medium
In this opinion the other justices concurred. * In accordance with federal law; see 18 U.S.C. § 2265 (d) (3) (2018); we decline to identify any party protected or sought to be protected under a protective order or a restraining order that was issued or applied for, or others through whom that party’s identity may be ascertained. ** June 17, 2021, the date that this decision was released as a slip opinion, is the operative date for all substantive and procedural purposes. 1 As a general matter, inmate ‘‘[c]lassification . . . does not involve depri- vation of a liberty interest independe…
cited Cited as authority (rule) Astorga v. Leavenworth County Sheriff
Kan. Ct. App. · 2020 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir. 1987); Abbott v. McCotter, 13 F.3d 1439, 1442 (10th Cir. 1994).
discussed Cited as authority (rule) Graham v. Stallard
W.D. Va. · 2020 · confidence medium
E.g.,Wishon v. Gammon, 978 F.2d 446, 449 (8th Cir. 1992) (45 minutes of outdoor exercise per week with no injury suffered); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (exercise of one hour per week outdoors).
discussed Cited as authority (rule) Khan v. Barela
10th Cir. · 2020 · confidence medium
We need not answer that question today because all of Khan’s preserved Eighth Amendment claims stand or fall under either standard. 13 828 F.2d 651, 653 (10th Cir. 1987) (per curiam), this court held that providing one hour of outdoor exercise per week does not, “without more,” violate the Eighth Amendment.
discussed Cited as authority (rule) Apodaca v. Raemisch (2×)
10th Cir. · 2017 · confidence medium
Roughly three decades ago, we recognized a consensus in the case law regarding the importance of outdoor exercise for prisoners:-“There is substantial agreement among the cases ... that some form of regular outdoor exercise is extremely important to the psychological and physical well being of inmates.... ” Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (per curiam).
examined Cited as authority (rule) Lowe v. Raemisch (3×)
10th Cir. · 2017 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (per curiam).
discussed Cited as authority (rule) Luis Vasquez v. Daniel Braemer
7th Cir. · 2014 · confidence medium
See Hardaway v. Meyerhoff, 734 F.3d 740, 744-45 (7th Cir.2013) (no violation for access to showers that is only weekly); Henderson v. Lane, 979 F.2d 466, 468-69 (7th Cir.1992) (same); Harris v. Fleming, 839 F.2d 1232, 1236 (7th Cir.1988) (no violation when indoor exercise allowed); Hosna v. Groose, 80 F.3d 298 , 306 (8th Cir.1996) (no violation for weekly outdoor recreation in prison yard totaling three hours); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (no violation for weekly outdoor recreation lasting one hour).
discussed Cited as authority (rule) Anderson v. Colorado, Department of Corrections
D. Colo. · 2012 · confidence medium
In one case it noted that “[tjhere is substantial agreement among the cases in this area that some form of outdoor exercise is extremely important to the psychological and physical well being of inmates, and some courts have held a denial of fresh air and exercise to be cruel and unusual punishment under certain circumstances.” Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987).
discussed Cited as authority (rule) Schmitt v. Rice
10th Cir. · 2011 · confidence medium
The Eighth Amendment prohibits punishment that “involve^] the wanton and unnecessary infliction of pain” or is “grossly disproportionate to the severity of the crime warranting imprisonment.” Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987).
examined Cited as authority (rule) Ajaj v. United States (8×) also: Cited "see", Cited "see, e.g."
10th Cir. · 2008 · confidence medium
Fogle v. Pierson, 435 F.3d 1252, 1260 (10th Cir. 2006) (quotation omitted); see also Housley v. Dodson, 41 F.3d 597, 599 (10th Cir. 1994) (“Although no precise standards have been set forth delineating what constitutes constitutionally sufficient opportunities for exercise, the right to some exercise was clearly established at the time of Mr. Housley's confinement.”), abrogated on other grounds by Lewis v. Casey, 518 U.S. 343 (1996); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir. 1987) (while restrictive, limiting inmate, who was assigned to high-security segregation 17 unit, to one ho…
discussed Cited as authority (rule) Clayton v. Ward
10th Cir. · 2007 · confidence medium
As correctly noted by the district court, the due process clause does not protect an inmate from being transferred from one institution to another and placing an inmate into administrative segregation does not “involve deprivation of a liberty interest independently protected by the Due Process Clause.” Trujillo, 465 F.3d at 1225 (quoting Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987)).
discussed Cited as authority (rule) Trujillo v. Williams
10th Cir. · 2006 · confidence medium
Trujillo] has no due process right to a particular classification.” The district court is correct that “[c]lassification of [a] plaintiff into . . . segregation does not involve deprivation of a liberty interest independently protected by the Due Process Clause.” Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir. 1987) (citing Hewitt v. Helms, 459 U.S. 460, 468 (1983)).
discussed Cited as authority (rule) Trujillo v. Williams
10th Cir. · 2006 · confidence medium
The district court construed Mr. Trujillo’s complaint as alleging “improper classification” and held that it faded to state a claim for these constitutional violations because “[Mr. Trujillo] has no due process right to a particular classification.” The district court is correct that “[classification of [a] plaintiff into ... segregation does not involve deprivation of a liberty interest independently protected by the Due Process Clause.” Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987) (citing Hewitt v. Helms, 459 U.S. 460, 468 , 108 S.Ct. 864 , 74 L.Ed.2d 675 (1983)).
cited Cited as authority (rule) Murray v. Edwards County Sheriff's Department
D. Kan. · 2006 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987).
discussed Cited as authority (rule) Smith v. Ortiz
10th Cir. · 2006 · confidence medium
“Classification of [a] plaintiff into . . . segregation does not involve deprivation of a liberty interest independently protected by the Due Process Clause.” Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir. 1987) (citing Hewitt v. Helms, 459 U.S. 460, 468 (1983)).
discussed Cited as authority (rule) Fogle v. Pierson
10th Cir. · 2006 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (per curiam) (emphasis added); see also Perkins, 165 F.3d at 810 (“[W]e conclude the district court here erred when it held that plaintiffs allegations about the extended deprivation of outdoor exercise showed no excessive risk to his well-being.”) (quotations, alterations omitted) (emphasis added).
cited Cited as authority (rule) Herrera v. Williams
10th Cir. · 2004 · confidence medium
See Templeman v. Gunter, 16 F.3d 367, 369 (10th Cir.1994); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987).
discussed Cited as authority (rule) Muniz v. Tafoya
10th Cir. · 2002 · confidence medium
See Breed v. Jones, 421 U.S. 519, 528 , 95 S.Ct. 1779 , 44 L.Ed.2d 346 (1975) (concluding that jeopardy attaches only to proceedings which are “essentially criminal” in nature); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987) (concluding that classification or placement of an inmate in administrative segregation generally does not involve deprivation of a liberty interest).
discussed Cited as authority (rule) Thomas v. Leslie
10th Cir. · 1999 · confidence medium
We relied in part on Bailey v. Schillinger , 828 F.2d 651, 653 (10th Cir, 1987), in which we had recognized that “some form of regular outdoor exercise is extremely important to the psychological and physical well being of inmates.” We have recently affirmed the principles expressed in Housley and Bailey .
discussed Cited as authority (rule) Perkins v. Kansas Department of Corrections
10th Cir. · 1999 · confidence medium
As this and other courts have recognized, “some form of regular outdoor exercise is extremely important to the psychological and physical well being of inmates.” Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (citing Spain v. Procunier, 600 F.2d 189, 199 (9th Cir.1979)); accord Williams v. Greifinger, 97 F.3d 699, 703-05 (2d Cir.1996) (discussing contours of right to out-of-cell exercise); Mitchell v. Rice, 954 F.2d 187, 191 (4th Cir.1992) (“Generally a prisoner should be permitted some regular out-of-cell exercise.”); Davenport v. DeRobertis, 844 F.2d 1310, 1313 (7th Cir.1988…
cited Cited as authority (rule) Walling v. Slusher
D. Kan. · 1997 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987).
discussed Cited as authority (rule) Penrod v. Zavaras
10th Cir. · 1996 · confidence medium
Although prison officials have broad administrative and discretionary authority to manage and control prisons, Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987), they must provide humane conditions of confinement guided by “contemporary standards of decency.” Estelle v. Gamble, 429 U.S. 97, 103 , 97 S.Ct. 285, 290 , 50 L.Ed.2d 251 (1976). “[A] prison official may be held liable under the Eighth Amendment for denying humane conditions of confinement only if he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures t…
cited Cited as authority (rule) Clemmons v. Thomas
unknown court · 1996 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (per curiam).
cited Cited as authority (rule) Zuccasellini v. Stone
10th Cir. · 1996 · confidence medium
See, e.g., Olim v. Wakinekona, 461 U.S. 238, 244-46 (1983); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987).
discussed Cited as authority (rule) Barnes v. Uphoff (2×) also: Cited "see, e.g."
10th Cir. · 1996 · confidence medium
See Rhodes v. Chapman, 452 U.S. 337, 347 (1981); see also Abbott v. McCotter, 13 F.3d 1439, 1441-42 (10th Cir.1994); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987). 4 The magistrate found the warden's responses "more than adequately addressed" plaintiff's concerns and showed that he received regular care and that an appointment with a specialist had been made.
cited Cited as authority (rule) Robinson v. Corriveau
10th Cir. · 1995 · confidence medium
Housley v. Dodson, 41 F.3d 597, 590 (10th Cir.1994); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (per curiam).
cited Cited as authority (rule) McDiffett v. Stotts
D. Kan. · 1995 · confidence medium
Hewitt v. Helms, 459 U.S. 460, 468 , 103 S.Ct. 864, 869 , 74 L.Ed.2d 675 (1983); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987).
discussed Cited as authority (rule) Robert E. Cotner v. Vincent Knight R. Michael Cody Larry A. Fields Helen Moss David Walters Susan Brimer Loving
10th Cir. · 1995 · confidence medium
The problems and risks with transferring medium security classification inmates to minimum security facilities are readily apparent and have been the subject of recent media attention. 52 The law is clear that the due process clause does not entitle a prisoner to any particular security classification nor does it protect an inmate from being transferred from one institution to another. 7 Olim v. Wakinekona, 461 U.S. 238, 245-46 (1983); Hewitt v. Helms, 459 U.S. 460, 468 (1983); Montanye v. Haymes, 427 U.S. 236 (1976); Meachum v. Fano, 427 U.S. 215, 224-25 (1976); Twyman v. Crisp, 584 F.2d 352 …
cited Cited as authority (rule) Smith v. Harvey County Jail
D. Kan. · 1995 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987).
cited Cited as authority (rule) Rush v. McKune
D. Kan. · 1995 · confidence medium
Hewitt v. Helms, 459 U.S. 460, 468 , 103 S.Ct. 864, 869 , 74 L.Ed.2d 675 (1983); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987).
cited Cited as authority (rule) Jim R. Housley v. C.D. Dodson Larry Williams Ed Covey Rick Webb J.M. Kelly and Oklahoma Department of Health
10th Cir. · 1994 · confidence medium
Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (per curiam), citing Ruiz v. Estelle, 679 F.2d 1115, 1152 (5th Cir.1982), and Spain v. Procunier, 600 F.2d 189, 199 (9th Cir. 1979).
cited Cited as authority (rule) Lloyd v. Suttle
D. Kan. · 1994 · confidence medium
Hewitt v. Helms, 459 U.S. 460, 468 , 103 S.Ct. 864, 869 , 74 L.Ed.2d 675 (1983); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987).
discussed Cited as authority (rule) Sammy Alvarez v. Frank Gunter Thomas Cooper Robert Thurlow Charles Watson Jim Cowan and Cletus Kennedy
10th Cir. · 1994 · confidence medium
Olim v. Wakinekona, 461 U.S. 238, 245 (1983) (facility); Hewitt v. Helms, 459 U.S. 460, 468 (1983) (classification); Moody v. Daggett, 429 U.S. 78 , 88 n. 9 (1976); Meachum v. Fano, 427 U.S. 215, 225 (1976) (facility); Wilkerson v. Maggio, 703 F.2d 909, 911 (5th Cir.1983); Kincaid v. Duckworth, 689 F.2d 702, 704 (7th Cir.1982); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987).
discussed Cited as authority (rule) ABBOTT v. McCOTTER
10th Cir. · 1994 · confidence medium
"The warden can impose restrictive conditions of confinement upon plaintiff without violating the Eighth Amendment, as long as those conditions do not 'involve the wanton and unnecessary infliction of pain' or are not 'grossly disproportionate to the severity of the crime warranting imprisonment.' " Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (quoting Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 (1981)).
discussed Cited as authority (rule) Abbott v. McCotter
10th Cir. · 1994 · confidence medium
“The warden can- impose restrictive conditions of confinement upon plaintiff without violating the Eighth Amendment, as long as those conditions do not ‘involve the wanton and unnecessary infliction of pain’ or are not ‘grossly disproportionate to the severity ’of the crime warranting imprisonment.’ ” Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (quoting Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 (1981)).
cited Cited as authority (rule) Marion A. Robinson v. Lt. Devenny Collins Raymond Roberts J.S. Patterson K.D. McGowan L v. Moore Lanza R.A. Hersh Frank Strickler Wardlow
10th Cir. · 1992 · confidence medium
See Hewitt v. Helms, 459 U.S. 460, 468 (1983); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987).
cited Cited as authority (rule) Jerry Dean Graham v. Stephen Kaiser, Warden, Delores Ramsey, J. Rolland, Larry Callen, Jimmy Carter, James McKenna
10th Cir. · 1991 · confidence medium
See Hewit v. Helms, 459 U.S. 460, 468 (1983); Bailey v. Shillinger, 828 F.2d 651, 652 (10th Cir.1987).
cited Cited as authority (rule) Riddle v. Jones
6th Cir. · 1990 · confidence medium
See, e.g., Martin v. Tyson, 845 F.2d 1451, 1456 (7th Cir.) (per curiam), cert. denied, 109 S.Ct. 162 (1988); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987).
discussed Cited as authority (rule) Arlan G. Reynoldson v. Duane Shillinger
10th Cir. · 1990 · confidence medium
While it is true that plaintiff does not allege the existence of a statute or prison regulation implicating a liberty interest, see Hewitt v. Helms, 459 U.S. 460, 467-68 , 103 S.Ct. 864, 869-70 , 74 L.Ed.2d 675 (1983) (no liberty interest in freedom from confinement in administrative segregation in absence of statutes or prison regulation creating such interest); Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987) (per cu-riam) (same), pro se prisoner complaints are not held to such specific standards at the preliminary pleading stage.
Retrieving the full opinion text from the archive…
Scott W. BAILEY, Plaintiff-Appellant,
v.
Duane SHILLINGER, Defendant-Appellee
87-1030.
Court of Appeals for the Tenth Circuit.
Sep 8, 1987.
828 F.2d 651
1987 U.S. App. LEXIS 12100
Scott W. Bailey, pro se., Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Terry L. Armitage, Asst. Atty. Gen., the State of Wyoming, Cheyenne, Wyo., for defendantappellee.
Logan, Tacha, O'Connor.
Cited by 63 opinions  |  Published
PER CURIAM.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.8(c) and 27.1.-2. The cause is therefore ordered submitted without oral argument.

The plaintiff is a Wyoming state prisoner. He was sentenced to prison in 1982 for first degree murder. In 1984, he was transferred to a Minnesota prison at his own request. In 1985, he was returned to Wyoming after he murdered another inmate in Minnesota. ■ Upon plaintiff’s return, the defendant, warden of the Wyoming state prison, assigned him to a maximum security unit, segregated from the prison’s general population.

Plaintiff then commenced this 42 U.S.C. § 1983 suit against defendant, alleging that his classification to the maximum security unit violated his due process rights and constituted cruel and unusual punishment. He also alleged that the defendant had deprived him of exercise and fresh air and that this deprivation constituted further cruel and unusual punishment. Plaintiff requested money damages and an injunction requiring the defendant to reclassify him and to establish an exercise schedule for him.

Defendant moved for summary judgment. He filed an affidavit in which he stated that he had classified plaintiff on the basis of his apparent dangerousness to other inmates. The plaintiff opposed summary judgment and requested access through discovery to all of his classification hearing tapes, all interdepartmental memoranda regarding him, his prison records, and drawings of the segregation unit. The district court granted summary judgment and plaintiff appealed. He argues on appeal that the district court should have denied summary judgment and granted his discovery motion.

Plaintiff’s first claim is that defendant denied him his due process rights when he placed plaintiff in maximum security confinement. Plaintiff contends that before being classified he should have received the type of hearing prescribed by Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), including advance written notice of the charges against him, a written statement of the evidence relied upon and the decision reached, and a limited opportunity to call witnesses.

Defendant admits that plaintiff was not afforded those procedures before classification. According to defendant’s affidavits, plaintiff has been segregated for administrative reasons involving the safety of the prison employees and other inmates. Classification of the plaintiff into administrative segregation does not involve deprivation of a liberty interest independently protected by the Due Process Clause. Hewitt v. Helms, 459 U.S. 460, 468, 103 S.Ct. 864, 869, 74 L.Ed.2d 675 (1983). No statute or regulation here gave plaintiff more than the right to present a statement and to be present during the classification hearing. Therefore, defendant was not obligated to provide plaintiff with a hearing of the type prescribed in Wolff before classifying him. Id. We note that although not constitutionally required to do so, defendant held[*653] two informal, nonadversary hearings in conjunction with plaintiffs classification. This undertaking does not, by itself, permit us to impose additional procedural safeguards that plaintiff seeks. Id. at 471, 103 S.Ct. at 871.

Plaintiff also claims that the warden’s decision to place him in segregation constitutes cruel and unusual punishment prohibited by the Eighth Amendment. However, placing an inmate in segregation as a preventive measure does not necessarily violate the Eighth Amendment. Bono v. Saxbe, 620 F.2d 609 (7th Cir.1980). Such a decision falls within a prison official’s broad administrative and discretionary authority to manage and control the prison institution. Hewitt v. Helms, 459 U.S. at 467, 103 S.Ct. at 869; Marchesani v. McCune, 531 F.2d 459, 462 (10th Cir.), cert. denied, 429 U.S. 846, 97 S.Ct. 127, 50 L.Ed.2d 117 (1976). Absent an abuse of discretion, this court cannot overturn the placement decision. Marchesani v. McCune, 531 F.2d at 462.

The warden can impose restrictive conditions of confinement upon plaintiff without violating the Eighth Amendment, as long as those conditions do not “involve the wanton and unnecessary infliction of pain” or are not “grossly disproportionate to the severity of the crime warranting imprisonment.” Rhodes v. Chapman, 452 U.S. 337, 347, 101 S.Ct. 2392, 2399, 69 L.Ed.2d 59 (1981). Plaintiff alleges no facts indicating that he suffers from conditions involving either wantonly or unnecessarily inflicted pain, or disproportionately severe treatment for having committed a murder while in prison.

Plaintiff further contends that he has been denied exercise and fresh air while in segregation. There is substantial agreement among the cases in this area that some form of regular outdoor exercise is extremely important to the psychological and physical well being of inmates, and some courts have held a denial of fresh air and exercise to be cruel and unusual punishment under certain circumstances. See, e.g., Ruiz v. Estelle, 679 F.2d 1115, 1152 (5th Cir.1982); Spain v. Procunier, 600 F.2d 189, 199 (9th Cir.1979). None, however, has ruled that such a denial is per se an Eighth Amendment violation. See Caldwell v. Miller, 790 F.2d 589, 600 (7th Cir.1986) (“The Eighth Amendment does not provide a fixed formula for determining whether the effect of particular conditions constitutes cruel and unusual punishment____”). Plaintiff admits that since he brought this suit, the prison officials have constructed an outdoor exercise facility which he is allowed to use for one hour per week. Although this amount of exposure to exercise and fresh air is still restrictive, we cannot say, without more, that it fails to satisfy the demands of the Eighth Amendment. See id.

Finally, plaintiff argues that the district court should have granted his discovery request. Further factual development would not have benefited the plaintiff’s case since the plaintiff's complaint failed as a matter of law. Therefore, the district court did not err when it declined to rule on the plaintiff’s discovery request.

AFFIRMED. The mandate shall issue forthwith.