Hayes

Hayes v. Knodel

Good Law
103 F. App'x 153
United States Court of Appeals for the Ninth CircuitJune 24, 2004No. 03-35490California207 words

Opinion

Lead Opinion

MEMORANDUM **

Oregon state prisoner Nick A. Hayes appeals pro se the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging prison officials violated his constitutional rights by confiscating a money order. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003), and we affirm.

The district court properly determined that Hayes’s due process claim for property loss was not cognizable pursuant to section 1983 because Hayes had an adequate state law remedy under the Oregon Tort Claims Act. See Hudson v. Palmer, 468 U.S. 517, 531-33 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984).

To the extent Hayes alleges that defendants denied him due process during the course of his disciplinary hearing, the district court properly granted summary judgment because Hayes failed to demonstrate that defendants were responsible for the disciplinary procedure or sanction. See Redman v. County of San Diego, 942 F.2d 1435, 1439-40 (9th Cir.1991) (en banc).

Hayes’ remaining contentions lack merit.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.