Valdez

Valdez v. Woodford

Good Law
308 F. App'x 181
United States Court of Appeals for the Ninth CircuitJanuary 14, 2009No. 07-16268California261 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Tito David Valdez, Jr. appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with restrictions on his right to visit with children due to his sex-offender convictions. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006), and we affirm.

The district court properly granted summary judgment on Valdez’s Equal Protection claim because the prior regulation limiting him to non-contact visits with minors was reasonably related to the legitimate penological interest of protecting minor visitors. See Overton v. Bazzetta, 539 U.S. 126, 133 , 123 S.Ct. 2162 , 156 L.Ed.2d 162 (2003) (concluding that the protection of the public, including minor visitors, is a legitimate penological interest); Turner v. Safley, 482 U.S. 78, 89-91 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (explaining factors to guide the determination of whether a prison regulation is reasonably related to a legitimate penological interest).

*183 The district court properly dismissed Valdez’s due process claim pursuant to 28 U.S.C. § 1915A…

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