Cardenas

Cardenas v. Ray

Good Law
176 F. App'x 737
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 05-35233California444 words

Opinion

Lead Opinion

MEMORANDUM **

Leopoldo Cardenas, a Washington state prisoner, appeals pro se from the district court’s summary judgment, on remand, in favor of Yakima County Jail officials in his 42 U.S.C. § 1983 action alleging violations of his due process rights on December 22, 25 and 30,1998, and January 6 and 30, and August 9, 1999. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Mitchell v. Dupnik, 75 F.3d 517 , 521 (9th Cir.1996), and we may affirm on any basis supported by the record, United States v. Washington, 969 F.2d 752, 755 (9th Cir. 1992). We affirm.

The district court did not err when it granted summary judgment in favor of defendants because Cardenas did not present evidence that any of the named defendants made the determination to send him to disciplinary segregation without a hearing on December 22,1998. See Redman v. County of San Diego, 942 F.2d 1435, 1446, 1449 (9th Cir.1991).

Regarding the December 25, 1998 incident, Cardenas did not name the correctional officers involved in the incident and did not make a sufficient showing under Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994), to demonstrate that the members of the…

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