Donnie Phillips v. Timothy Turmezei

MEMORANDUM

California state prisoner Donnie R. Phillips appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging retaliation and various constitutional violations in connection with his prison gang validation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003), and we affirm.

The district court properly granted summary judgment on Phillips’s retaliation claims because Phillips failed to raise a genuine dispute of material fact as to retaliatory motive. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005) (setting forth the elements of a retaliation claim).

The district court properly granted summary judgment on Phillips’s due process claim because there was “some evidence” to support the gang validation. See Bruce, 351 F.3d at 1287-88 (affirming summary judgment on due process claim where “some evidence” supported the gang validation, and explaining that the standard is met where there is “any evidence in the record that could support the conclusion” (citation and internal quotations omitted)).

The district court properly granted summary judgment on Phillips’s equal…