Macedon

Macedon v. California Department of Corrections

Good Law
67 F. App'x 407
United States Court of Appeals for the Ninth CircuitMay 29, 2003D.C. Nos. 02-15436, CV-S-00-01438-WBS JFM PCalifornia346 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellant Terrance Macedón, a California prison inmate, challenges appellees’ refusal to allow him family visits. He contends the California Code of Regulations, Title 15, § 3174, creates a liberty interest in family visits protected by the Due Pro *408 cess Clause of the United States Constitution. The district court granted summary judgment in favor of appellees. We affirm.

“States may under certain circumstances create liberty interests which are protected by the Due Process Clause.” Sandin v. Conner, 515 U.S. 472, 483-84 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995). Those circumstances, however, are “generally limited to freedom from restraint which, while not exceeding the sentence in such an unexpected manner as to give rise to protection by the Due Process Clause of the its own force, ... nonetheless imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” Id. at 484 ., 115 S.Ct. 2293

A refusal to permit an inmate family visits does not impose an atypical and significant hardship; rather, an inmate’s inability to visit with whom he wishes is an “ordinary incident of prison life.” See id. at 485 , 115 S.Ct.…

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