Scott C. Smith v. Mike Kropf

972 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Scott C. SMITH, Plaintiff-Appellant, v. Mike KROPF, et al., Defendant-Appellee. No. 91-36148. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Aug. 25, 1992. Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Smith appeals the dismissal of his complaint with prejudice and the grant of summary judgment to appellees on qualified immunity grounds. He contends the Washington Administrative Code (WAC) grants inmates a liberty interest in remaining in the general prison population. We affirm. 3 * Smith filed a section 1983 action against Kropf, a prison official, alleging that his incarceration in administrative-segregation (ad-seg) violated due process because Kropf had showed bias against him during his prison administrative hearings. 4 Only a state may create a liberty interest in remaining in the general prison population. Hewitt v. Helms, 459 U.S. 460,…