Ghana

Ghana v. Pearce

Good Law
159 F.3d 1206·98 Daily Journal DAR 11450·1998 WL 768629·1998 U.S. App. LEXIS 28102·98 Cal. Daily Op. Serv. 8213
United States Court of Appeals for the Ninth CircuitNovember 5, 1998No. 97-35588California862 words

Opinion

Lead Opinion

Wallace, J.

Ghana, a pro se state prisoner, appeals from a summary judgment dismissing his 42 U.S.C. § 1983 action. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343. We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. § 129L We affilm

I

In August 1990, Ghana was transferred from the New Jersey state prison system to the Oregon State Penitentiary pursuant to the Interstate Corrections Compact (Compact). Or.Rev.Stat. § 421.245. The Compact sets forth procedures governing the interstate transfer of state prisoners, and it ensures that such prisoners maintain certain rights provided by the sending state. Among other things, the Compact provides:

Id.

During his seven month custody in Oregon, Ghana was the subject of multiple misconduct hearings that resulted in various disciplinary measures. The prison conducted these hearings in accordance with the rules and regulations of the Oregon prison system.

Ghana argues that these hearings were defective because, as a transferred prisoner, the Compact entitles him to the protections of New Jersey procedural rules. The prison’s failure to apply New Jersey rules, he therefore asserts, denied him of his…

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