Steven R. Wycoff v. Debbie Nichols, Roger Lawson, Charles Harper, Lt. Rewis, 94 F.3d 1187 (8th Cir. 1996). · Go Syfert
Steven R. Wycoff v. Debbie Nichols, Roger Lawson, Charles Harper, Lt. Rewis, 94 F.3d 1187 (8th Cir. 1996). Cases Citing This Book View Copy Cite
“he reversal of 10 the case against wycoff constituted part of the due process wycoff received, and it cured 11 the alleged due process violation based on the disciplinary committee's initial 12 decision to sanction wycoff.”
74 citation events (56 in the last 25 years) across 18 distinct courts.
Strongest positive: Terrence R. Davis v. Warden Tikki N. Hicks, et al. (vawd, 2026-03-10)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Terrence R. Davis v. Warden Tikki N. Hicks, et al.
W.D. Va. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
reversal of the case against wycoff constituted part of the due process wycoff received, and it cured the alleged due process violation based on the disciplinary committee's initial decision to sanction wycoff.
examined Cited as authority (verbatim quote) Lopez v. Holler
N.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
he 11 reversal of the case against wycoff constituted part of the due process 12 wycoff received, and it cured the alleged due process violation based on the 13 disciplinary committee's initial decision to sanction wycoff.
examined Cited as authority (verbatim quote) Nakhei v. Foss
N.D. Cal. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
he reversal of 10 the case against wycoff constituted part of the due process wycoff received, and it cured 11 the alleged due process violation based on the disciplinary committee's initial 12 decision to sanction wycoff.
discussed Cited as authority (rule) James Kwmae’ Battee v. Trevor Foley, et al.
E.D. Mo. · 2026 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that the Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640, 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) 8 (stating that plaintiff “has no liberty interest in avoiding administrative se…
discussed Cited as authority (rule) Steven Gunn v. Mrs. Bublitz, et al. (2×)
E.D. Mo. · 2025 · confidence medium
Applying Supreme Court precedent, the Eighth Circuit has held that “an inmate has no protected liberty interest in remaining in the general prison population absent a showing of discipline in segregated confinement which amounts to atypical, significant deprivation.” Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (citing Sandin, 515 U.S. at 485 ).
cited Cited as authority (rule) Barton v. Young
D. Neb. · 2025 · confidence medium
Wycoff v. Nichols, 94 F.3d 1187, 1189 (8th Cir. 1996).
discussed Cited as authority (rule) Moore v. Bailey
E.D. Mo. · 2025 · confidence medium
Id. at 485-86 (no atypical and significant hardship where inmate spent 30 days in solitary confinement); Hemphill v. Delo, 124 F.3d 208 (8th Cir. 1997) (unpublished) (same, 30 days in disciplinary segregation and 290 days in administrative segregation); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (same, 10 days disciplinary detention and 100 days in maximum security cell).
discussed Cited as authority (rule) Bryant v. Ratliff
E.D. Mo. · 2025 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640, 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregat…
discussed Cited as authority (rule) Dan v. State of Nebraska
D. Neb. · 2025 · confidence medium
The Due Process Clause “does not protect every change in the conditions of confinement having a substantial adverse impact on the prisoner.” Sandin v. Conner, 515 U.S. 472, 478 (1995) (citing Meachum v. Fano, 427 U.S. 215, 222 (1976)). “[T]he constitutional rights of prison inmates are legitimately curtailed as a result of their convictions for criminal offenses.” Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996).
discussed Cited as authority (rule) Jordan v. Riley
E.D. Mo. · 2025 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregation unless the conditions of his confinement present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest”).
discussed Cited as authority (rule) Christians v. Christensen
D.S.D. · 2025 · confidence medium
“Sandin teaches that [an inmate] has no due process claim based on [a] somewhat more restrictive confinement because he has no protected liberty interest in remaining in the general prison population; his only liberty interest is not being subjected to ‘atypical’ conditions of confinement.” Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996).
discussed Cited as authority (rule) Irving v. Drope
E.D. Mo. · 2024 · confidence medium
Id. at 485-86 (no atypical and significant hardship where inmate spent 30 days in solitary confinement): Hemphill v. Delo, 124 F.3d 208 (8th Cir. 1997) (unpublished) (same; 30 days in disciplinary segregation, and approximately 290 days in administrative segregation); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (same; 10 days 6 disciplinary detention and 100 days in maximum security cell).
discussed Cited as authority (rule) Moore v. Payne
E.D. Ark. · 2024 · confidence medium
See also Smith v. McKinney, 954 F.3d 1075, 1082 (8th Cir. 2020) (“Indeed, ‘Sandin teaches that [an inmate] has no due process claim based on [a] somewhat more restrictive confinement because he has no protected liberty interest in remaining in the general prison population; his only liberty interest is in not being subjected to ‘atypical’ conditions of confinement.’”) (quoting Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996)).
discussed Cited as authority (rule) Johnson v. Stange
E.D. Mo. · 2024 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregation unless the conditions of his confinement present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest”).
discussed Cited as authority (rule) Curry v. Cutt
E.D. Mo. · 2024 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregation unless the conditions of his confinement present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest”).
cited Cited as authority (rule) Dutcher v. Precythe
E.D. Mo. · 2023 · confidence medium
Id. (citing Kennedy v. Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996), and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1995)).
discussed Cited as authority (rule) Cannon v. Jones
E.D. Mo. · 2023 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (the Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships”); Kennedy v. Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996) plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (plaintiff “has no liberty interest in avoiding administrative segregation unless the conditions of his create a libert…
discussed Cited as authority (rule) Gil v. Doe (2×)
E.D. Va. · 2023 · signal: cf. · confidence medium
Cf Wycoff'v. Nichols, 94 F.3d 1187, 1188-90 (8th Cir. 1995) (finding that the reversal of the disciplinary case against the inmate constituted part of the due process the inmate received, which cured the alleged due process violation based on the disciplinary committee’s initial decision to sanction the inmate). * To the extent Plaintiff is alleging he has a liberty interest in avoiding administrative segregation, the Eighth Circuit, relying on Sandin v. Conner, 515 U.S. 472 (1995), rejected a similar claim in Wycoff v. Nichols where an inmate served forty-five days in administrative segrega…
discussed Cited as authority (rule) Howell v. Kennon
E.D. Mo. · 2023 · confidence medium
Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregation unless the conditions of his confinement present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest”).
discussed Cited as authority (rule) Henson v. Stange
E.D. Mo. · 2022 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregation unless the conditions of his confinement present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest”).
discussed Cited as authority (rule) Burke v. St. Louis County Jail
E.D. Mo. · 2022 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (the Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy, 100 F.3d at 642 (plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (a plaintiff “has no liberty interest in avoiding administrative segregation unless the conditions of his confinement ‘present the type of at…
discussed Cited as authority (rule) Davis v. Ruble
E.D. Mo. · 2022 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segrega…
discussed Cited as authority (rule) Dortch v. Lewis
E.D. Mo. · 2022 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640, 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregat…
discussed Cited as authority (rule) Killian v. Missouri Department of Corrections
E.D. Mo. · 2022 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segrega…
discussed Cited as authority (rule) Eaton v. Missouri Department of Corrections
E.D. Mo. · 2022 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregation…
discussed Cited as authority (rule) Volner v. Lewis
E.D. Mo. · 2021 · confidence medium
Nichols, 94 F.3d 1187, 1190 (8 Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding 13 administrative segregation unless the conditions of his confinement present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest”).
discussed Cited as authority (rule) Howard v. Precythe
E.D. Mo. · 2021 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregation…
cited Cited as authority (rule) Tober v. Armstead
D. Maryland · 2021 · confidence medium
Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996); see also Ragan v. Lynch, 113 F.3d 875 (8th Cir. 1997).
discussed Cited as authority (rule) Grizzle v. Stipes
W.D. Tex. · 2021 · confidence medium
Accordingly, Plaintiff cannot show that his due process rights were violated. , 404 F. App’x 928, 929 (5th Cir. 2010) (any error in prisoner’s disciplinary case was cured when case was overturned through his administrative appeal); 94 F.3d 1187, 1189 (8th Cir. 1996) (administrative reversal constituted part of the due process the prisoner received and cured the alleged due process violation); 45 F.3d 1119 , 1122 (7th Cir. 1995) (no denial of due process if the error the inmate complains of is corrected in the administrative appeal process; appeals process is part of the process afforded pr…
discussed Cited as authority (rule) Hampton v. City of St. Louis
E.D. Mo. · 2021 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that -6- plaintiff “has no liberty interest in avoiding administrative segrega…
discussed Cited as authority (rule) Sutton v. Corizon Health Inc.
E.D. Mo. · 2020 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy, 100 F.3d at 642 (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segregation unless the conditions of his …
discussed Cited as authority (rule) Dunn v. Franklin
E.D. Ark. · 2020 · confidence medium
Mr. Dunn “has no liberty interest in avoiding administrative segregation unless the conditions of his confinement ‘present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest.’” Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (quoting Sandin, 515 U.S. at 486 ).
discussed Cited as authority (rule) Craig Smith v. James McKinney
8th Cir. · 2020 · confidence medium
Indeed, “Sandin teaches that [an inmate] has no due process claim based on [a] somewhat more restrictive confinement because he has no protected liberty interest in remaining in the general prison population; his only liberty interest is in not being subjected to ‘atypical’ conditions of confinement.” Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996).
discussed Cited as authority (rule) Sullivan v. Austin
E.D. Mo. · 2020 · confidence medium
Jd. at 485-86 (no atypical and significant hardship where inmate spent thirty days in solitary confinement); Hemphill v. Delo, 124 F.3d 208 (8th Cir. 1997) (unpublished) (same; four days locked in housing unit, thirty days in disciplinary segregation, and approximately 290 days in administrative segregation); Freitas v. Ault, 109 F.3d 1335, 1337-38 (8th Cir. 1997) (same; ten days administrative segregation and thirty days on “on-call” status, as well as loss of higher paying job and numerous privileges); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (same; ten days disciplinary det…
discussed Cited as authority (rule) Postawko v. Precythe
E.D. Mo. · 2019 · confidence medium
See Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir. 2002) (stating that Eighth Circuit has “consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin”); Kennedy v. Blankenship, 100 F.3d 640 , 642 (8th Cir. 1996) (stating that plaintiff’s “demotion from administrative segregation to punitive isolation is not the sort of deprivation that qualifies as atypical and significant”); and Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996) (stating that plaintiff “has no liberty interest in avoiding administrative segrega…
cited Cited as authority (rule) Figuereo-Mejia v. Lokey
W.D. Va. · 2019 · confidence medium
Wycoff v. Nichols, 94 F.3d 1187, 1189 (8th Cir. 1996); see also Walker v. Danheim, No. itself guarantees none of these things.
cited Cited as authority (rule) Brent Ballinger v. Cedar County, MO
8th Cir. · 2016 · confidence medium
Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir.1996) (quoting Sandin, 515 U.S. at 486 , 115 S.Ct. 2293 ).
discussed Cited as authority (rule) King v. Dingle
D. Minnesota · 2010 · confidence medium
See, Portley-El v. Brill, 288 F.3d 1063, 1065 (8th Cir.2002) (“We have consistently held that administrative and disciplinary segregation are not atypical and significant hardships under Sandin.”); Phillips v. Norris, 320 F.3d 844, 847 (8th Cir.2003) (holding that denial of visitation, exercise privileges, and religious services during thirty-seven (37) day segregation was not an atypical, significant hardship, which would support the denial of a protected liberty interest, and stating that “[w]e have consistently held that demotion to segregation, even without cause, is not itself an at…
discussed Cited as authority (rule) Barnes v. Henderson
W.D.N.Y. · 2009 · confidence medium
See also Young v. Hoffman, 970 F.2d 1154, 1156 (2d Cir. 1992) (declining to address whether prisoner suffered any denial of due process, since prisoner’s administrative appeal resulted in a reversal of his disciplinary sentence before he served any of the sentence, thus curing any procedural defect), cert. denied, 510 U.S. 837 , 114 S.Ct. 115 , 126 L.Ed.2d 80 (1993); Wycoff v. Nichols, 94 F.3d 1187, 1189 (8th Cir.1996) (rehearing and reversal cured alleged due process violation); Morissette v. Peters, 45 F.3d 1119, 1122 (7th Cir.1995) (no denial of due process if the error of which inmate co…
cited Cited as authority (rule) Brother Patrick Portley-El v. Hoyt Brill
8th Cir. · 2002 · confidence medium
See Freitas v. Ault, 109 F.3d 1335, 1338 (8th Cir.1997); Kennedy v. Blankenship, 100 F.3d 640 , 643 (8th Cir.1996); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir.1996).
cited Cited as authority (rule) Bro. Portley-El v. Hoyt Brill
8th Cir. · 2002 · confidence medium
See Freitas v. Ault, 109 F.3d 1335, 1338 (8th Cir. 1997); Kennedy v. Blankenship, 100 F.3d 640 , 643 (8th Cir. 1996); Wycoff v. Nichols, 94 F.3d 1187, 1190 (8th Cir. 1996).
cited Cited as authority (rule) Daniel Human v. Larry Rowley
8th Cir. · 1999 · confidence medium
See Sandin v. Conner, 515 U.S. 472, 483-84 (1995); Kennedy v. Blankenship, 100 F.3d 640 , 642-43 & n.2 (8th Cir. 1996); Wycoff v. Nichols, 94 F.3d 1187, 1188-90 (8th Cir. 1996).
cited Cited as authority (rule) Howard v. Collins
8th Cir. · 1997 · confidence medium
See Sandin, 115 S.Ct. at 2300-01 ; Freitas v. Ault, 109 F.3d 1335, 1338 (8th Cir.1997); Wycoff v. Nichols, 94 F.3d 1187, 1188, 1190 (8th Cir.1996).
cited Cited as authority (rule) Curtis Ray Howard v. B E Collins
8th Cir. · 1997 · confidence medium
See Sandin, 115 S. Ct. at 2300-01 ; Freitas v. Ault, 109 F.3d 1335, 1338 (8th Cir. 1997); Wycoff v. Nichols, 94 F.3d 1187, 1188, 1190 (8th Cir. 1996).
discussed Cited as authority (rule) Steve Ragan v. D. Lynch Charles Harper Ronald Welder Debbie Nichols Sally Chandler Halford
8th Cir. · 1997 · confidence medium
Wycoff v. Nichols, 94 F.3d 1187, 1189 (8th Cir.1996) (no due process violation in sanctioning inmate for conduct not prohibited by prison rules when appeal of discipline restored good-time credits because appeal procedure “constituted part of the due process [and] cured the alleged due process violation”).
discussed Cited as authority (rule) Steve Ragan v. Don Lynch
8th Cir. · 1997 · confidence medium
Wycoff v. Nichols, 94 F.3d 1187, 1189 (8th Cir. 1996) (no due process violation in sanctioning inmate for conduct not prohibited by prison rules when appeal of discipline restored good-time credits 6 The retention of good-time credits does not automatically qualify as a constitutionally-protected liberty interest.
discussed Cited as authority (rule) Richard John Freitas, Sr., Appellee/cross-Appellant v. John Ault, Appellant/cross-Appellee, and Irene G. Howard, Defendant/cross-Appellee (2×) also: Cited "see, e.g."
8th Cir. · 1997 · confidence medium
See, e.g., Kennedy v. Blankenship, 100 F.3d 640 , 642-43 (8th Cir.1996) (thirty days of “punitive isolation” instead of less-restrictive administrative segregation); Wycoff, 94 F.3d at 1190 (ten days of disciplinary detention and 100 days in maximum-security cell); and Moorman, 83 F.3d at 973 (fifteen days of highest-level disciplinary detention and 107 days of less-restrictive disciplinary detention).
discussed Cited as authority (rule) Richard J. Freitas v. John Ault (2×) also: Cited "see, e.g."
8th Cir. · 1997 · confidence medium
See, e.g., Kennedy v. Blankenship, 100 F.3d 640 , 642-43 (8th Cir. 1996) (thirty days of "punitive isolation" instead of less- restrictive administrative segregation); Wycoff, 94 F.3d at 1190 (ten days of disciplinary detention and 100 days in maximum-security cell); and Moorman, 83 F.3d at 973 (fifteen days of highest-level disciplinary detention and 107 days of less-restrictive disciplinary detention).
cited Cited as authority (rule) Prince v. Thompson
unknown court · 1996 · confidence medium
Wycoff v. Nichols, 94 F.3d 1187, 1189 (8th Cir.1996). 1 The Honorable William R.
discussed Cited "see" Tobias Frank v. Derrick Schultz
9th Cir. · 2015 · signal: see · confidence high
See Wycoff v. Nichols, 94 F.3d 1187, 1189 (8th Cir.1996) (“[T]he [administrative] reversal of the case against Wycoff constituted part of the due process Wycoff received, and it cured the alleged due process violation based on the [prison] disciplinary committee’s initial decision to sanction Wycoff.”); Morissette v. Peters, 45 F.3d 1119, 1122 (7th Cir.1995) (per curiam) (“There is no denial of due process if the error the inmate complains of is corrected in the administrative appeal process.
Retrieving the full opinion text from the archive…
Steven R. WYCOFF, Appellant,
v.
Debbie NICHOLS, Roger Lawson, Charles Harper, Lt. Rewis, Appellees
95-1117.
Court of Appeals for the Eighth Circuit.
Oct 29, 1996.
94 F.3d 1187
Philip B. Mears, argued, Iowa City, Iowa, for appellant., William A Hill, Assistant Attorney General, argued, Des Moines, Iowa, for appellees.
Bowman, Heaney, Wollman.
Cited by 64 opinions  |  Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Philip B. Mears, argued, Iowa City, Iowa, for appellant.

William A. Hill, Assistant Attorney General, argued, Des Moines, Iowa, for appellees.

Before BOWMAN, HEANEY, and WOLLMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Lead Opinion

BOWMAN, Circuit Judge.

Steven Wycoff, an inmate at the Iowa State Penitentiary (ISP) appeals the adverse grant of summary judgment by the District Court[1] in his 42 U.S.C. § 1983 (1994) action against ISP officials. We affirm.

[*1188] This is a prison discipline case. While serving a life sentence without the possibility of parole for first-degree murder, ISP inmate Wycoff was disciplined for conduct relating to his handling of a jar of peanut butter. In March 1993, a prison official observed Wycoff carry a paper bag into the cell of Sherman White, an ISP inmate. The bag contained a six-pound jar of peanut butter, which Wycoff left in White’s cell. The same day Wycoff received notice that he had been charged with violating a number of ISP rules against bartering, complicity, disobeying an order, disruptive conduct, theft, unauthorized possession, and unauthorized presence.

WycofPs case was forwarded to the ISP disciplinary committee, headed by an administrative law judge (ALJ). Wycoff explained that he had found the jar of peanut butter while on duty collecting garbage and sweeping the eellhouse. He stated that he went to visit White to ask him what he should do with his find. The ALJ accepted WycofPs explanation, and the disciplinary committee found that Wycoff had violated Rule 27 of the ISP disciplinary rules. Wycoff was found not guilty of all of the other charges. An inmate violates Rule 27(b) when the inmate: “conducts [himself] in a manner which disrupts or interferes with the security, tranquility, or orderly running of the institution.” Wycoff v. Nichols, No. 4-94-CV-80038, Order at 3 (S.D.Iowa Nov. 30, 1994) (quoting ISP rules). The disciplinary committee stated that its decision was based on the disruption caused when Wycoff decided to consult another inmate about the jar of peanut butter instead of contacting prison staff. The disciplinary committee sentenced Wycoff to ten days restriction in a maximum security cell and invoked WycofPs suspended sentence from a previous infraction. WycofPs suspended sentence was ten days disciplinary detention, loss of ninety days of good-time credit, and restriction in a maximum security cell for ninety days.

Wycoff filed an administrative appeal and supplemental appeal with the Warden. Both appeals were denied. Shortly after the Warden denied the appeals, Wycoff began serving his disciplinary sanction. Wycoff then appealed his disciplinary decision to the Iowa Department of Corrections (IDOC). Without stating the basis for its decision, the IDOC remanded the case to the ALJ. After remand, the ALJ determined that Rule 27 did not apply and dismissed WycofPs case. Wy-coff served forty-five days in administrative segregation before the case against him was dismissed. While Wycoff initially lost good-time credits for the ISP rule violation, after the ALJ’s decision on remand all of WycofPs good-time credits were restored.

Wycoff then brought this § 1983 action seeking damages against ISP officials, claiming that they violated his right to due process because (1) there was constitutionally insufficient evidence that Wycoff violated Rule 27, and (2) Rule 27 as applied to Wycoff was unconstitutionally vague. Defendants moved for summary judgment, arguing primarily that Wycoff had no due process claim because the administrative reversal of his ISP disciplinary report cured any alleged due process violations. Defendants later supplemented their previously filed motion for summary judgment, asserting that they were entitled to qualified immunity. Wycoff filed his own motion for summary judgment. The District Court granted summary judgment in favor of the prison officials. The District Court held that the prison officials did not violate WycofPs due process rights and that, in any event, the administrative appeal, an integral part of the procedural protection afforded to Wycoff, resulted in a reversal that satisfied due process. The District Court did not address WycofPs additional arguments regarding the application of Rule 27 to him or the prison officials’ qualified immunity defense.

The District Court granted summary judgment in favor of defendants on the basis of Harper v. Lee, 938 F.2d 104 (8th Cir.1991) (per curiam). In Harper, a prison disciplinary committee had found Harper guilty of violating prison rules and sentenced him to a period of administrative segregation, a period of disciplinary detention, and a loss of good time. Harper brought a § 1983 damages action against the prison officials, arguing that the committee’s refusal to allow him to put certain log books in evidence violated his right to due process. Prison officials subse[*1189] quently remanded the ease for rehearing to enable Harper to put the log books in evidence. At the rehearing, Harper introduced the log books, but the committee again found Harper guilty of violating prison rules. On appeal, we held that Harper had suffered no denial of due process because the remand and rehearing, as part of the due process protection to which he was entitled, rectified the initial denial of his right to put the log books in evidence. Id. at 105-06.

We review a grant of summary judgment de novo. Maitland v. University of Minn., 43 F.3d 357, 360 (8th Cir.1994). We will affirm the judgment if the record shows that there is no genuine issue of material fact and that the prevailing party is entitled to judgment as a matter of law. Id.; see Fed.E.Civ.P. 56(c).

We are satisfied that the District Court was correct in its use of Harper as the legal basis for its decision. Like the inmate in Harper, Wyeoff was charged with violating a prison rule for which he was disciplined. After the warden denied his appeals, Wyeoff appealed to the IDOC, and the IDOC remanded the case against Wyeoff to the ALJ for rehearing. After remand, the ALJ dismissed the case against Wyeoff, stating that the rule under which Wyeoff was charged did not apply to his case. In these circumstances, we find that the ISP’s reversal of the case against Wyeoff constituted part of the due process Wyeoff received, and it cured the alleged due process violation based on the ISP disciplinary committee’s initial decision to sanction Wyeoff.

In any event, this case is controlled by Sandin v. Conner, — U.S. -, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995),[2] which clearly bars Wyeoff s claim that he is entitled to damages for time he spent in administrative segregation prior to the ISP’s reversal of the case against him. In Sandin the Supreme Court held that an inmate has no protected liberty interest in remaining in the general prison population absent a showing of discipline in segregated confinement which amounts to atypical, significant deprivation. Id. at -, 115 S.Ct. at 2301. Sandin fits this case and is an alternative basis upon which we deny Wyeoifs claim tor damages against the prison officials.

In Sandin, an inmate named Conner was convicted of numerous crimes, including murder, kidnapping, robbery, and burglary, for which he was serving an indeterminate sentence of thirty years to life in a Hawaiian prison. While being transported from his cell to the program area, Conner was involved in an altercation with a prison official. Conner was charged with three disciplinary infractions including physical interference with a correctional function, using abusive language and harassing a prison official. He was found guilty, and was sentenced to thirty days disciplinary segregation in the Special Holding Unit for the physical obstruction charge, and four hours segregation for each of the other two charges to be served concurrent with the thirty days.

Conner sought administrative review of the decision against him; the decision ultimately was reversed and Conner’s prison record was expunged. Conner then brought a § 1983 damages claim against the prison officials, claiming, among other things, a deprivation of due process in connection with his disciplinary hearing. The Court held that

Admittedly, prisoners do not shed all constitutional rights at the prison gate, but lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system. Discipline by prison officials in response to a wide range of misconduct falls within the expected parameters of the sentence imposed by a court of law....
... We hold that Conner’s discipline in segregated confinement did not present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest.

Sandin, — U.S. at -, 115 S.Ct. at 2301 (citations and quotations omitted).

[*1190] Central to the Court’s analysis was the fact that Conner’s stay in disciplinary segregation for thirty days was not a major disruption in his environment. In reaching this decision, the Court stated that Conner’s disciplinary segregation, with insignificant exceptions, “mirrored” conditions imposed on other inmates in administrative segregation and protective custody. Indeed, general conditions of confinement at the prison involved significant amounts of “lockdown” time even for inmates in the general population. Moreover, the Court noted that Conner’s placement in disciplinary segregation did not affect the duration of his sentence. Finding that nothing in the Hawaii state code required that a parole board deny parole in the face of a misconduct record, the Court rejected as too attenuated Conner’s argument that a finding of misconduct in the ease against him would alter his possibility of parole. Therefore, the Court held that Conner did not have a liberty interest in remaining free of placement in administrative segregation.

In essence, Wycoff argues that he has a liberty interest in avoiding segregation. We disagree. It is well-established that the constitutional rights of prison inmates are legitimately curtailed as a result of then-convictions for criminal offenses, see Hewitt v. Helms, 459 U.S. 460, 467, 103 S.Ct. 864, 869, 74 L.Ed.2d 675 (1983); Wolff v. McDonnell, 418 U.S. 539, 555, 94 S.Ct. 2963, 2974, 41 L.Ed.2d 935 (1974). Like the inmate in San-din, Wycoff has no liberty interest in avoiding administrative segregation unless the conditions of his confinement “present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest.” Sandin, — U.S. at -, 115 S.Ct. at 2301. There is nothing in the record to suggest that the conditions of Wy-coff s administrative segregation were atypical of the ordinary conditions of confinement or that they rose to the level of a significant deprivation. Thus, Wycoff’s case does not present an atypical or significant departure from the basic conditions of his life sentence.

Wycoff argues that because good-time credits are involved here, his case is distinguishable from Sandin where good-time credits were not at issue. While it is true that Sandin did not involve good-time credits, Wycoff’s argument misses the mark. Wycoff has focused on a factual distinction that has no relevance to our legal analysis; all of Wycoff’s good-time credits that were revoked by the ISP disciplinary committee have since been returned to him. Therefore, Wycoff has no claim as to the loss of good-time credits, and his claim relates only to the time he spent in administrative segregation. But Sandin teaches that Wycoff has no due process claim based on this somewhat more restrictive confinement because he has no protected liberty interest in remaining in the general prison population; his only liberty interest is in not being subjected to “atypical” conditions of confinement.[3]

We hold that Wycoff did not have a protected liberty interest in avoiding administrative segregation. The administrative segregation to which he was subjected as a result of the ISP disciplinary hearing was within the parameters of confinement normally to be expected by a person serving a sentence for criminal activity. Accordingly, his § 1983 damages action is precluded by Sandin.

For the foregoing reasons, the judgment of the District Court is affirmed.

1

The Honorable Charles R. Wolle, United States District Judge for the Southern District of Iowa.

2

The Sandin opinion had not yet heen issued at the time the District Court decided Wycoff’s case, and thus the District Court had no opportunity to consider it.

3

Since Wycoff lost no good-time credits, we need not and do not decide whether Wycoff's interest in his good-time credits would have been too attenuated to trigger due process concerns because he is serving a life sentence without the possibility of parole. We note that where a prisoner seeks to have good-time credits restored, he is required to exhaust his state remedies before proceeding in federal court. See Offet v. Solem, 823 F.2d 1256, 1257 (8th Cir.1987).

Concurrence

HEANEY, Circuit Judge,

concurring.

I reluctantly concur with the majority’s opinion. I am afraid that this case falls squarely within the holding of Sandin v. Conner, — U.S. -, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). Although bound by that decision, I wish to voice my agreement with Justice Breyer’s eloquent dissent as well as my hope that this court will contain Sandin to the facts presented in that case. In this case, Wycoff was subjected to forty-five days in segregated confinement. I simply disagree with the Supreme Court’s characterization of this status as neither atypical nor a[*1191] significant deprivation. The simple fact that such confinement is used as punishment of inmates indicates the contrary. Nevertheless, the Supreme Court has decided the issue and, therefore, I must concur.