Isaiah Williams v. Debra Williams

*459 MEMORANDUM *

Appellant Isaiah Williams is an inmate in state prison. .He commenced this 42 U.S.C. § 1983 action against correctional officer Debra Williams. On appeal, he argues that the district court erred in granting summary judgment in favor of the defendant on his due process claim, and that the district court abused its discretion by admitting evidence during trial regarding his alleged membership in a prison gang and one of his tattoos.

I. Alleged Due Process Violation

Appellant alleges a due process violation based on Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974). Wolff accorded prisoners certain limited due process rights in prison disciplinary proceedings “to insure that [a] state-created right is not arbitrarily abrogated.” Id. at 557 , 94 S.Ct. 2963 . The Court applied the “minimum requirements of procedural due process” because “the determination of whether [prisoner misconduct] has occurred becomes critical” when a state deducts good time credits as punishment. Id. at 558 , 94 S.Ct. 2963 . Under Wolff , an “inmate facing disciplinary proceedings should be allowed to call witnesses and present documentary evidence in his defense” so…

dissenting:

I would affirm the district court in toto for the reasons stated in the original Memorandum filed in this case on February 2, 2016.

FILED

NOT FOR PUBLICATION

AUG 31 2016

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ISAIAH NOEL WILLIAMS, No. 13-17284

Plaintiff-Appellant, D.C. No. 4:07-cv-04464-CW

v.

MEMORANDUM*

DEBRA WILLIAMS,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Claudia Wilken, District Judge, Presiding

Argued and Submitted December 8, 2015 San Francisco, California

Before: O’SCANNLAIN, SILVERMAN, and BEA, Circuit Judges.

Appellant Isaiah Williams is an inmate in state prison. He commenced this

42 U.S.C. § 1983 action against correctional officer Debra Williams. On appeal, he

argues that the district court erred in granting summary judgment in favor of the

defendant on his due process claim, and that the district court abused its discretion

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. by admitting evidence during trial regarding his alleged membership in a prison

gang and one of his tattoos.

I. Alleged Due Process…