Jose Lopez v. Warden Horel

MEMORANDUM

Jose Carlos Lopez, a California state prisoner, appeals the district court’s rejection of his claims that prison officials violated his due process rights by validating him as a gang member and placing him in administrative segregation. We affirm.

DISCUSSION

“It is clear ... that prisons have a legitimate penological interest in stopping prison gang activity.” Bruce v. Ylst, 351 F.3d 1283, 1289 (9th Cir.2003). To that end, California has developed procedures to identify and segregate gang members. See 15 C.C.R. § 3378. Due process in that context requires only an informal, nonad-versary proceeding where the inmate receives notice of the charges and an opportunity to present his views to the prison officials making the decision. See Toussaint v. McCarthy, 801 F.2d 1080, 1100 (9th Cir.1986).

Here, Lopez participated in interviews with prison officials, was informed of the evidence indicating his status as a gang member, and was given the opportunity to respond. That procedure satisfies the due process requirements. See Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (holding prisoner’s due process rights were not violated when he was notified of a reclassification…