Frank v. Hernandez v. Denny Johnston Tom Ahearn Jim Rogers John McCain Chuck Houser Al Scamahorn Dan Snyder William Callahan Bob Benn

Appellant Frank Hernandez, a state prison inmate, appeals pro se the district court’s grant of summary judgment to staff members of the McNeil Island Corrections Center (MICC) in Steilacoom, Washington. Hernandez’ civil rights action under 42 U.S.C. § 1983 (1982) alleged, inter alia, that certain statements in his prison file were false and deprived him of liberty without due process. We affirm the district court’s judgment.

I. BACKGROUND

Hernandez was incarcerated at MICC after being convicted of second-degree burglary in a Washington state court in April 1983. He filed a section 1983 action against Johnston, his correctional counsel- or, in May 1985 in the United States District Court for the Western District of Washington. Hernandez sought injunctive relief and $60,000 in both actual and exemplary damages. He stated his claim as follows:

Hernandez’ suit centers on the “violent offender” status noted in his Washington Department of Corrections “Classification Referral/Progress Report.” Hernandez contends that since his burglary offense was nonviolent, the classification is incorrect. A written request to have the notation removed from his prison file was denied in December…