Carlos Castro v. Cal Terhune

Under the “void-for-vagueness” doctrine, due process requires enactments to be written with “sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983). Cal.Code Regs. tit. 15, § 3378(c)(4), an administrative regulation that guides prison officials in validating inmates as gang affiliates, satisfies both requirements. Due process also requires such validations to be supported by “some evidence.” Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003). Here, the district court erred, because it did not evaluate whether “some evidence” supported Castro’s validation as a prison gang “associate.” Nevertheless, we affirm, because the record contains “some evidence” that Castro is an “associate” of the Mexican Mafia prison gang.

FACTS & PROCEDURAL HISTORY

I. California’s Regulatory Framework

California’s prison regulations require an inmate to be placed in administrative segregation whenever he or she “presents…