Dale Hurd v. Silvia Garcia

MEMORANDUM

Dale R. Hurd, a former California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Jones v. Blanas, 893 F.3d 918, 926 (9th Cir.2004), and we affirm in part, reverse in part, and remand.

The district court properly granted summary judgment on Hurd’s due process and equal protection claims. As to due process, Hurd failed to raise a genuine dispute of material fact as to whether the prison lockdown imposed an “atypical and significant hardship on [him] in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995); see also Hayward v. Procunier, 629 F.2d 599, 601-03 (9th Cir.1980) (no due process violation where lockdown instituted for attacks on inmates). As to equal protection, Hurd failed to raise a triable dispute as to whether the race-based security measures were narrowly tailored and implemented to accomplish the compelling government interest of restoring prison security and discipline following the race-based riots…