904 F. 2d 707 - Moore v. Wilson

Before KEITH and ALAN E. NORRIS, Circuit Judges and PATRICK J. DUGGAN, District Judge.*

Brian Keith Moore, a pro se Kentucky prisoner, appeals the judgment of the district court dismissing his complaint filed pursuant to 42 U.S.C. Sec. 1983. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the appellant's brief, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Moore, a death row inmate, brought this civil rights suit alleging that he was denied due process of law when he was confined to administrative segregation. He named as defendants the Secretary of Corrections, a Commissioner of Corrections and the prison's Warden.

The district court granted summary judgment in favor of defendants. The court reasoned that the prison officials properly followed the due process requirements set forth in Hewitt v. Helms, 459 U.S. 460, 476 (1983). Therefore, concluded the court, defendants are entitled to qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); Anderson v. Creighton, 483 U.S. 635 (1987).

Upon review, we find no error. Accordingly, the judgment of the district court is hereby affirmed for the reasons set forth in the court's memorandum opinion dated September 14, 1989. Rule 9(b)(5), Rules of the Sixth Circuit.