Andrew John Walker, Plaintiff-Appellant-Cross-Appellee v. George W. Sumner, Defendants-Appellees-Cross-Appellants

We are called upon to consider unusual issues surrounding an inmate’s claim that he was placed into disciplinary segregation without a hearing in violation of his right to procedural due process.

I

Walker is a federal prisoner who at the time of the events underlying this lawsuit was housed at Nevada State Prison (“NSP”) pursuant to a reciprocal contract with federal authorities. On July 26, 1984, during a routine shakedown, Correction Officer Gurries found in Walker’s cell a knife that had apparently been made inside the prison. Walker contends that the knife was planted in his cell by Gurries.

After the knife was found, Walker was immediately removed from the general prison population and placed in segregated housing. The prison officials contend that he was placed in administrative segregation because allowing him to remain in the general prison population posed a great security risk; Walker contends that he was placed in disciplinary segregation as punishment for the underlying offense.

Sometime within a few days after the transfer, Walker was given written notice that he was charged with a disciplinary violation. At that time, the charges against him were explained by a…