Salvador Negrete v. G. Lewis

MEMORANDUM

California state prisoner Salvador Nicola Negrete, IV, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging due process ■violations arising out of his two-year placement in the prison’s modified program. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Furnace v. Sullivan, 705 F.3d 1021, 1026 (9th Cir.2013), and we affirm.

The district court properly granted summary judgment on the basis of qualified immunity because during his two-year placement in the prison’s modified program, it would not have been clear to a reasonable prison official in defendant’s position that the curtailment of certain privileges and services, including exercise for varying periods of time, in response to repeated incidents of prison violence, was unconstitutional. See Pearson v. Callahan, 555 U.S. 223, 232 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) (defendants are entitled to qualified immunity where there is no violation of plaintiffs constitutional right or the right at issue was not “clearly established”); see also Noble v. Adams, 646 F.3d 1138, 1148 (9th Cir.2011) (prison officials were entitled to qualified immunity because it…