Mario Noyola v. Kerri Adler

MEMORANDUM

Washington state prisoner Mario Noyola appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging, among other things, due process and equal protection violations in connection with prison officials’ 30-day suspension of his visitation rights as a pretrial detainee. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Nev. Dep’t of Corr. v. Greene, 648 F.3d 1014, 1018 (9th Cir.2011), and we affirm.

The district court properly granted summary judgment on Noyola’s due process claim because Noyola failed to raise a genuine dispute of material fact as to whether he had a protected right to visits from friends or family. See Wilkinson v. Austin, 545 U.S. 209, 222 , 125 S.Ct. 2384 , 162 L.Ed.2d 174 (2005) (state may create a liberty interest through statutes, prison regulations, and policies); Ky. Dep’t of Corr. v. Thompson, 490 U.S. 454, 460-61 , 109 S.Ct. 1904 , 104 L.Ed.2d 506 (1989) (Due Process Clause does not guarantee unfettered visitation rights to inmates).

The district court properly granted summary judgment on Noyola’s equal protection claim because Noyola failed to raise a genuine dispute of material fact as to…