Burnsworth

Burnsworth v. Gunderson

Good Law
179 F.3d 771·99 Daily Journal DAR 5556·1999 WL 359663·1999 U.S. App. LEXIS 11636·99 Cal. Daily Op. Serv. 4340
United States Court of Appeals for the Ninth CircuitJune 7, 1999No. 97-16599California2,313 words

Opinion

Lead Opinion

Pregerson, J.

Defendants are officials of the Arizona Department of Corrections (ADOC). They appeal the district court's order that an escape conviction be expunged from Plaintiff Harry Edward Burnsworth’s prison records. The district court ordered defendants to expunge plaintiffs record because it found the escape conviction to be based on no evidence whatsoever. Defendants argue that the district court erred by ordering them to expunge a disciplinary conviction from plaintiffs prison records because the court previously concluded that defendants had not violated plaintiffs due process rights. We affirm.

I.

Plaintiff was an inmate at the Arizona State Prison Complex in Tucson, Arizona. In early 1995, a confidential prison informant told prison officials that plaintiff was going to be hurt because he allegedly owed a debt. Accordingly, Officer Gunderson told plaintiff on February 3, 1995, that he was going to place plaintiff in protective segregation. Plaintiff requested to remain in the general population because he did not believe the threat was serious. Gun-derson granted the request but required plaintiff to sign a protective custody waiver form.

On March 14, 1995, plaintiff approached…

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