Ricker v. Leapley

LOKEN, Circuit Judge.

Warden Walter Leapley and Associate Warden Douglas Weber of the South Dakota State Penitentiary appeal the district court’s denial of qualified immunity in this § 1983 suit by inmate Kevin L. Ricker. We conclude that Ricker had no clear constitutional right to the disclosure of favorable evidence first discovered after he was found guilty of prison misconduct and assigned to punitive segregation. Accordingly, defendants are entitled to qualified immunity, and we reverse.

I

On August 30,1990, suspecting that inmate Ricker was dealing cocaine in the prison, security officers…