Gabriel Cortez v. Matthew Cate

MEMORANDUM

Gabriel Rudy Cortez, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging due process, equal protection, and First Amendment claims 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). 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, reverse in part, and remand.

The district court properly granted summary judgment on Cortez’s due process claim relating to his 2008 validation as a prison gang associate because the record shows that Cortez received notice and an opportunity to present his views and there was “some evidence,” with sufficient indi-cia of reliability, in support of the decision. See Bruce, 351 F.3d at 1287-88 .

The district court properly granted summary judgment on Cortez’s equal protection claim because the procedures called for in the memorandum at issue were racially neutral and narrowly tailored to address a compelling…