Hayward v. Procunier

629 F.2d 599 Art HAYWARD, Jr., Michael McNabb and Morris L. Brown, Plaintiffs/Appellants, v. Raymond K. PROCUNIER, Jiro J. Enomoto, Walter Britt, Robert M. Rees, L. H. Fudge, C. L. Swagerty, D. W. Smith and Don R. Weber, Defendants/Appellees. No. 78-3701. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1980. Decided Oct. 3, 1980. Robert A. Goodin, Armour, St. John, Wilcox & Goodin, San Francisco, Cal., for plaintiffs/appellants. Karl Mayer, San Francisco, Cal., for defendants/appellees; Kenneth C. Young, Thomas P. Dove, Deputy Attys. Gen., San Francisco, Cal., on brief. Appeal from the United States District Court for the Northern District of California. Before DUNIWAY, TANG and CANBY, Circuit Judges. CANBY, Circuit Judge. 1 In this appeal we must decide whether state prisoners' constitutional rights to procedural due process and freedom from cruel and unusual punishment were violated by a five-month "lockdown" 1 of the prison. The district court held that there was no constitutional violation. We agree and affirm. FACTS : 2 Between 1970 and 1974 California's San Quentin Prison became an increasingly turbulent institution. The rate of violent…