Gilbert Paliotta v. Eldon McDaniel

MEMORANDUM

Gilbert Jay Paliotta, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging due process violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Gibson v. County of Washoe, Nev., 290 F.3d 1175, 1180 (9th Cir.2002). We affirm.

The district court properly granted summary judgment on Paliotta’s claim that his due process rights were violated in a prison disciplinary hearing because, even assuming that there was a protected liberty interest at stake, Paliotta failed to raise a genuine dispute of material fact as to whether prison officials afforded him all of the process that he was due. See Superintendent v. Hill, 472 U.S. 445, 454 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985) (requirements of due process are satisfied if “some evidence” supports disciplinary decision); Wolff v. McDonnell, 418 U.S. 539, 563-70 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (setting forth due process requirements in prison disciplinary proceedings that implicate a liberty interest and explaining that prison authorities have discretion not to call witnesses, “whether it be for irrelevance, lack of necessity, or…