Leon
Leon v. Terhune
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Serafín Leon appeals pro se the judgment in favor of prison defendants in his 42 U.S.C. § 1983 action challenging his validation as a prison gang associate and consequent placement in the Security Housing Unit (“SHU”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment, Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001), and we affirm.
Leon contends that his validation as a gang associate violated the First Amendment. We disagree. The prison’s reliance on evidence that Leon associated with a gang member and possessed newspaper articles on the Mexican Mafia was reasonably related to legitimate penological interests. See Stefanow v. McFadden, 103 F.3d 1466, 1472 (9th Cir.1996) (recognizing that prison actions affecting First Amendment rights are permissible when reasonably related to legitimate interest of prison security). Leon did not create a triable issue of fact as to whether defendants validated him as a gang associate *256 because he associated with a known jailhouse lawyer rather than because he associated with a known gang member.