Edward Hernandez v. Dora Schriro

MEMORANDUM

Plaintiff Edward Hernandez appeals a summary judgment for Defendant administrators of the Arizona Department of Corrections (“ADC”), Dora Schriro, Carson McWilliams, and Dorinda Cordova. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand.

Plaintiff was placed in Special Management Unit II (“SMU II”) maximum security isolation based solely on his membership in Warrior Society, a designated security threat group, on May 18, 2004. (2 Excerpts of Record 93). The ADC reviews Plaintiffs retention in SMU II only annually, though Plaintiff may be able to initiate a debriefing or step down program at any time. (Id. at 92, 161). Plaintiff argues that Defendants violated his due process rights in placing and retaining him in SMU II.

Due process requires (1) upon initial placement in segregation, the inmate receives notice of the factual basis for the segregation and an opportunity to be heard; (2) some evidence to support the decision; and (3) periodic review of the inmate’s confinement status. Wilkinson v. Austin, 545 U.S. 209, 225-26 , 125 S.Ct. 2384 , 162 L.Ed.2d 174 (2005); Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985);…