John Catanzarite v. R. Horel

MEMORANDUM

California state prisoner John Joseph Catanzarite appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his due process rights in connection with his indeterminate detention in the Security Housing Unit (“SHU”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003). We affirm.

The district court properly granted summary judgment on Catanzarite’s claim that his indeterminate SHU detention violated his due process rights because prison officials afforded Catanzarite all of the process he was due under the Fourteenth Amendment. See Toussaint v. McCarthy, 801 F.2d 1080,1100-01, 1104 (9th Cir.1986) (explaining due process procedures to which prisoners with liberty interests in them placements are entitled, and noting that while some sort of periodic review of an inmate’s continued segregated confinement is necessary, this review does not require the submission of additional evidence), abrogated in part on other grounds by Sandin v. Conner, 515 U.S, 472, 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995); see also Bruce, 351 F.3d at 1287 (holding that SHU…