Shabazz

Shabazz v. Dupnik

Good Law
67 F.3d 216·95 Daily Journal DAR 12992·1995 U.S. App. LEXIS 27560·95 Cal. Daily Op. Serv. 7572
United States Court of Appeals for the Ninth CircuitSeptember 28, 1995Nos. 93-16517, 93-16955 and 93-17019California4,303 words

Opinion

Lead Opinion

Canby, J.

Pima County Sheriff Clarence Dupnik and several of his deputies appeal a series of district court judgments and orders in favor of prisoner Mustafa B. Shabazz, formerly known as Anthony D. Mitchell, resulting from multiple actions that Shabazz had brought under 42 U.S.C. § 1983 . We affirm in part, reverse in part, and remand for further proceedings.

BACKGROUND

I. Appeal No. 93-16955

Shabazz was held in the Pima County Adult Correction Center (“the Jail”) from February 1991, to September 1992, during the pendency of his trial on criminal charges not at issue here. While at the Jail, Shabazz instituted his first action under § 1983 alleging numerous violations of his constitutional rights. The district court later dismissed all but two of the claims.

The first of those surviving claims alleged that Donald Robare, a corrections officer at the Jail, violated the Due Process Clause of the Fourteenth Amendment by failing to observe several required procedural safeguards *219 while conducting three separate disciplinary proceedings against Shabazz. Specifically, the complaint alleged that: (1) Robare failed to tape record at least one of the proceedings, in violation of published…

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