Miramontes
Miramontes v. Chief of Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
Rodolfo R. Miramontes appeals from the district court’s grant of summary judgment for the defendants in his 42 U.S.C. § 1983 suit against California prison officials, alleging that his constitutional right to due process was violated when, during his pretrial detention, he was denied a hearing before placement in administrative segregation on the basis of his criminal background, confinement history, and gang affiliation.
We review de novo, first asking whether the facts alleged show that defendants violated Miramontes’ constitutional rights; if not, we do not analyze whether the defendants are entitled to qualified immunity. See Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002), cert. denied, — U.S. -, 123 S.Ct. 2110 , 155 L.Ed.2d 1087 (2003). Because Miramontes did not have a due process right to a hearing before he could be placed in administrative segregation, we affirm the district court’s grant of qualified immunity.
“Pretrial detainees have a substantive due process right against restrictions that amount to punishment.” Id. at 1045 . A pretrial detainee who is placed in disciplinary segregation as punishment has a right to a due process hearing. See…