Conti

OPINION AND ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This matter is before the court on the defendants’ motion for summary judgment. Defendants’ motion addresses each of the numerous claims raised in plaintiff’s complaint, which is brought under 42 U.S.C. section 1983 and the United States Constitution. This opinion addresses only plaintiff’s procedural due process claim. For the reasons stated below, defendants’ motion for summary judgment is denied as to the procedural due process claim. Plaintiff’s remaining claims are addressed in a separate order; issues relating to the future course of this litigation are also discussed in a separate order.

I. FACTS

Plaintiff John David Conti was held in administrative segregation while he was a pretrial detainee at the Alameda County Courthouse Jail in Alameda, California. He was housed in the administrative segregation unit, known as the “F tank”, from July 31, 1981 to October 30, 1981, with one short interruption. No hearing was held before plaintiff was placed in the F tank, nor were any other formal procedural safeguards observed. Moreover, no hearing was held at any time after plaintiff was placed in the F tank.…