Moore v. Litscher
Docket: No. 02-1461
Court: Court of Appeals for the Seventh Circuit; December 8, 2002; Federal Appellate Court
Byron C. Moore, a Wisconsin inmate, filed a pro se lawsuit under 42 U.S.C. § 1983, alleging a denial of due process related to his 22-month placement in the Supermax Correctional Institution after being transferred from the Whiteville Correctional Facility in Tennessee. The district court dismissed his complaint for failure to state a claim, and Moore appealed. Moore's claims stemmed from a disciplinary committee at Whiteville finding him guilty of serious offenses after his involvement in a riot, leading to a 90-day disciplinary segregation sentence that was not executed due to his imminent transfer. He challenged the due process of his transfer and administrative confinement at Supermax, arguing it was unwarranted following an investigation by the Wisconsin attorney general. The appellate court reviewed the dismissal de novo, emphasizing that to succeed on a due process claim, a prisoner must identify a federally protected liberty interest. Citing precedent, the court noted that inmates do not possess a federal constitutional right related to being housed in a specific prison or area within a prison. Consequently, Moore was not entitled to due process protections regarding his transfer and confinement. Although Moore claimed violations of Wisconsin law and mentioned potential Eighth Amendment claims about his treatment and conditions at Whiteville and Supermax, he did not pursue these arguments in his appeal. The court determined that the district court correctly dismissed Moore's due process claim and affirmed the decision.