Ngo

Facts

Ngo, a prison inmate serving a life sentence, was placed in administrative segregation on October 26, 2000, for inappro- priate activity with a prison church volunteer. At a December 22, 2000, hearing, the prison classification committee informed Ngo that he would be released from administrative segregation the next day, but that he could not participate in prison “special programs.” Three months later, on March 20, 2001, Ngo wrote to Deputy Warden Kane, asking whether he could play on the prison’s baseball team and whether he was “entitled to participate in any and all special programs.” Kane explained that Ngo could participate in “any recreational pro- grams,” and that the prison’s community resources manager was authorized “to review [Ngo’s] request to participate in any other program.” On June 18, 2001, Ngo submitted a for- mal appeal to the prison’s Appeals Coordinator. This appeal was denied as untimely under Cal. Code Regs. tit. 15, § 3084.6(c), which requires prisoners to “appeal within 15 working days of the event or decision being appealed.” Ngo resubmitted his appeal one week later, arguing that his exclu- sion from special programs was a continuing violation of…