Snow

Snow v. Lamarque

Good Law
74 F. App'x 815
United States Court of Appeals for the Ninth CircuitSeptember 15, 2003No. 02-16763; D.C. No. CV-01-00969-CRBCalifornia398 words

Opinion

Lead Opinion

MEMORANDUM **

Stephen Snow, a California state prisoner, appeals pro se the district court’s summary judgment order dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his rights under the Equal Protection and Due Process clauses of the Fourteenth Amendment by segregating him and other white prisoners during two modified lockdowns that followed inmate stabbings. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm.

The district court properly granted summary judgment as to Snow’s equal protection claim because he offered no evidence that the modified lockdowns were undertaken for a discriminatory purpose and were not reasonably related to legitimate penological interests. See Johnson v. Cal *816 ifornia, 321 F.3d 791, 798-99 (9th Cir. 2003) (applying Turner v. Safley, 482 U.S. 78 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987), to equal protection claims).

The district court properly granted summary judgment as to Snow’s due process claim because a prisoner is not entitled to a hearing before being placed on lockdown…

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