Rafael Lopez v. R. Dion

MEMORANDUM

California state prisoner Rafael Lopez appeals pro se from the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials deprived him of his personal property in violation of his due process rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Midwater Trawlers Coop. v. Dep’t of Commerce, 393 F.3d 994, 1002 (9th Cir.2004), and we affirm.

In his complaint, Lopez alleges that defendants violated his due process rights when they ceased storing his property after he was reclassified. Lopez contends that defendants were not authorized to donate his property without a hearing and that prison regulations required that his property be stored until his return to the general population.

“[A]n unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available.” Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); see also Barnett v. Centoni, 31 F.3d 813, 816…