996 F.2d 1221
C. Michael ANDERSON; Peter Hochstein, Appellants,
v.
Frank O. GUNTER, individual and Director of Nebraska
Department of Correctional Services; Gary Grammar,
individual and as Warden of Nebraska State Penitentiary;
Harold W. Clarke, individual and as associate warden for
custody and a member of the 18 July 1985 Warden's Staff
Review; John Eggers, individual and as member of the July
18 1985 Segregation Status Review Committee; John E. Scavo,
individual and as member of the July 18, 1985 Segregation
Status Review Committee; Angelo S. Vinci, individual and as
a member of the 18 July 1985 Segregation Status Review
Committee and the 19 July 1985 Administrative Detention
Hearing Officer; Terry D. Ewing, individual and as
Administrative Detention Hearing Officer; Doug Adams,
individual and as a member of the 29 August 1985 Segregation
Status Review Committee as Notice of Hearing Officer for
Director's Classification Sub-Committee; Larry & Wayne,
individual and as a member of the 29 August 1985 Segregation
Status Review Committee and the 6 May 1985 Disciplinary
Committee; Edward F. Janousek, individual and as member of
the 29 August 1985 Segregation Status Review Committee; Lt.
Steve Johnson, individual and as member of the 29 August
1985 Segregation Status Review Committee; John Shaw,
individual and as a member of the 18 July 1985 and 29 August
1985 Warden's Staff Review; Mario Peart, individual and as
a member of the 18 July 1985 and 29 August 1985 Warden's
Staff Review; L. Edward Johnson, individual and as a member
of the 18 July 1985 and 29 August 1985 Warden's Staff
Review; A. W. Knight, individual and as a member of the 29
August 1985 Warden's Staff Review and the 6 May 1985
Disciplinary Committee; Dennis Bakewell, individual and as
a member of the 13 November 1985 Director's Classification
Sub-Committee; Walter Leapley, individual and as a member of
the 13 November 1985 Director's Classification
Sub-Committee; Steve Peck, individual and as a member of
the 13 November 1985 Director's Classification
Sub-Committee; Terry Neeman, individual and as a member of
the 13 November 1985 Director's Classification Sub-Committee;
Kevin Belt, individual and as Disciplinary
Committee Coordinator, Appellees.
No. 92-2956.
United States Court of Appeals,
Eighth Circuit.
Submitted: April 14, 1993.
Filed: July 6, 1993.
Before FAGG and MAGILL, Circuit Judges, and STUART,* Senior District Judge.
PER CURIAM.
Appellants C. Michael Anderson and Peter Hochstein appeal from the order of the magistrate judge1 dismissing the appellants' procedural due process and Eighth Amendment claims pursuant to Federal Rule of Civil Procedure 52(c), and entering judgment for defendants on appellants' remaining procedural due process claims.
Appellants, prisoners in the Nebraska State Penitentiary, challenged the procedures surrounding the initial decision to place them in disciplinary segregation, the procedures surrounding the decision to keep them in enhanced confinement after their initial period of disciplinary segregation had expired, and the conditions in the disciplinary segregation unit. The magistrate judge granted the prison officials' motion to dismiss the first set of due process claims and the Eighth Amendment claims pursuant to a motion under Rule 52(c) made at the close of plaintiffs' evidence. The magistrate judge entered judgment for defendants on the remaining due process claims at the close of trial.
Appellants claim that the magistrate judge erred in determining that they received sufficient procedural protection surrounding the initial decision to place them in disciplinary segregation, that their continued placement in disciplinary segregation served a legitimate governmental purpose, and that their Eighth Amendment claims are without merit.
Having thoroughly reviewed the briefs and the record, we agree with the magistrate judge that judgment for defendants on all claims was appropriate. As no error of law appears, and as an opinion in this case would have no precedential value, the decision of the magistrate judge is affirmed without opinion. See 8th Cir. R. 47B.
THE HONORABLE WILLIAM C. STUART, Senior United States District Judge for the Southern District of Iowa, sitting by designation
The Honorable David L. Piester, United States Magistrate Judge for the District of Nebraska. Magistrate Judge Piester conducted this trial and entered judgment pursuant to the consent of the parties under 28 U.S.C. § 636(c)