Castro

Castro v. Terhune

Good Law
29 F. App'x 463
United States Court of Appeals for the Ninth CircuitJanuary 9, 2002No. 00-15286; D.C. No. CV 98-4877 WHA (PR)California1,057 words

Opinion

Lead Opinion

MEMORANDUM *

Carlos Castro appeals the grant of summary judgment for defendant prison officials. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand. Because the parties are familiar with the facts, we will not detail them here except as necessary.

Castro complains that, although he was informed prior to his validation that he was being investigated on charges of being a gang “member,” he was ultimately validated and confined to the Security Housing Unit (“SHU”) for being a gang *465 “associate.” Because Castro was generally advised of the charges against him, he received sufficient notice to satisfy due process. See Toussaint v. McCarthy, 801 F.2d 1080, 1100-01 (9th Cir.1986) (noting that, in the administrative segregation context, “the due process clause does not require detailed written notice of charges”).

Castro next argues that he received insufficient opportunity to be heard before and after his confinement in the SHU. Castro contends that (1) the Institutional Gang Investigators (“IGIs”) are the officials who validate gang affiliations, (2) he did not have an opportunity to meet with the IGIs prior to his validation, and (3) although he has…

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