Norman GOTCHER, Jr., Plaintiff-Appellant, v. Tana WOOD, Et Al., Defendants-Appellees

Appellant Norman Gotcher (“Gotcher”) appeals the district court’s dismissal of his civil rights action against Tana Wood, the Superintendent of the Washington State Penitentiary, and others (collectively ‘Wood”). Goteher’s appeal presents two issues: (1) does Gotcher possess a due process liberty interest in the accrual of good conduct time, and (2) does he possess a due process liberty interest in remaining free from disciplinary segregation. The district court concluded that he possessed neither and dismissed his complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because we believe the district court’s dismissal of Gotcher’s action was inappropriate, we reverse and remand the matter to the district court.

I.

Gotcher is incarcerated in Washington State, where he is serving a sentence for burglary. He alleges in his complaint that he was charged twice in 1992 with “serious infractions” of his prison’s disciplinary code. Specifically, he was charged with “[tjhreaten-ing another with bodily harm or with an offense against his/her person.” See Wash.Admin.Code (WAC) § 137-28-030(506). He alleges that, with regard to the disciplinary hearings on these infractions,…