Sergio Gamez v. F. Gonzales

MEMORANDUM

Sergio Alejandro Gamez, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1988 action alleging constitutional violations in connection with his validation as an associate of a prison gang and confinement in the security housing unit (“SHU”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003) (summary judgment); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal for failure to state a claim under 28 U.S.C. § 1915 (e)(2)). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm in part, vacate in part, and remand.

Gamez’s equal protection “class of one” claims were properly dismissed because prison administrators have a rational basis for segregating validated gang associates from the general prison population, and Gamez’s assertion that he was the only prisoner required to debrief in order to be released from the SHU is facially implausible. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007) (claim must be “plausible on its face”);…