Baker

ORDER

Northern Hispanic and Southern Hispanic are rival gangs that operate within the California prison system. The northerners are almost exclusively from northern California, and the southerners are almost exclusively from southern California. Both groups are multiracial, but largely Hispanic or Latino. They’ve been sworn enemies for decades and will attack each other on sight. California State Prison, Sacramento (CSP-Sac) instituted a “modified program” to keep them apart, and the specific restrictions have been adjusted over the years. When Baker was there, the groups were housed on opposite sides of a common facility, separated by a wall. They were assigned to different yards and kept apart at all times except during visitation.

Baker was classified as a northerner and claims that the modified program denied him equal protection, due process and the right to be free from cruel and unusual punishment while he was at CSP-Sac. See Second Amended Complaint (docket entry 19) ¶ 10. He sued Kernan, the warden during part of his imprisonment at CSP-Sac, under 42 U.S.C. § 1983 . See id. ¶ 1 . In ruling on Kernan’s motion for summary judgment, I’ve construed Baker’s complaint…