Donald Philippi, Jr. v. Valaree Olivas

MEMORANDUM

Donald E. Philippi, Jr., a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by confiscating his property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo cross motions for summary judgment. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir.2011). We may affirm on any basis supported by the record. Video Software Dealers Ass’n v. Schwarzenegger, 556 F.3d 950, 956 (9th Cir.2009). We affirm.

Summary judgment for defendants on Philippi’s due process claim was proper because Philippi failed to raise a genuine dispute of material fact as to whether defendants did not provide him with the process that he was due in connection with the confiscation of property that he possessed in violation of prison regulations. See Logan v. Zimmerman Brush Co., 455 U.S. 422, 433 , 102 S.Ct. 1148 , 71 L.Ed.2d 265 (1982) (due process must be provided when a'state procedure causes the deprivation of a property right). Moreover, to the extent that the confiscation was an unauthorized intentional deprivation of property, the…