Aaron Harper v. Denise Harmon

MEMORANDUM

Aaron Shaun Harper, a California state prisoner, appeals pro se from the district court’s judgement as a matter of law in his 42 U.S.C. § 1983 action alleging violations of his constitutional rights arising from a prison disciplinary proceeding. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Summers v. Delta Air Lines, Inc., 508 F.3d 923, 926 (9th Cir.2007), and we affirm.

The district court properly entered judgment as a matter of law on Harper’s claim that his confinement in administrative segregation on false charges violated his due process rights. See Sandin v. Conner, 515 U.S. 472, 486 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (“discipline in segregated confinement did not present the type of atypical, significant deprivation” required to create a liberty interest); see also Serrano v. Francis, 345 F.3d 1071, 1078 (9th Cir.2003) (procedural protections apply to disciplinary proceedings “only when the disciplinary action implicates a protected liberty interest”). Even assuming that there was a liberty interest at stake, the evidence showed that prison officials afforded Harper with all the process that he was due. See Wolff v. McDonnell, 418…