Hart

Hart v. Farwell

Good Law
316 F. App'x 678
United States Court of Appeals for the Ninth CircuitMarch 6, 2009No. 07-16549California391 words

Opinion

Lead Opinion

MEMORANDUM **

Nevada state prisoner Michael E. Hart appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by instituting lock-downs more frequently in the prison’s protective segregation unit than among the general population. We have jurisdiction pursuant to 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 Hart’s equal protection claim because, even assuming there were more lockdowns in the protected segregation unit than among the general population, Hart failed to present evidence that defendants’ actions were not reasonably related to a legitimate penological interest or that the two groups of prisoners were similarly situated. See Turner v. Safley, 482 U.S. 78, 89 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (“[Wjhen a prison regulation impinges on inmates’ constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.”); Jordan v. Gardner, 986 F.2d 1521, 1530 (9th Cir.1993) (noting application of Turner standard to equal…

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