Castro

Castro v. Terhune

Good Law
237 F. App'x 153
United States Court of Appeals for the Ninth CircuitMay 24, 2007No. 06-15756California659 words

Opinion

Lead Opinion

MEMORANDUM *

California state prisoner Carlos Castro appeals the district court’s order granting summary judgment to the defendant prison officials in his action under 42 U.S.C. § 1983 . A prior panel of this court had directed the district court to make findings regarding (1) which officials actually make the decision to confine prisoners to administrative segregation in the SHU and (2) whether Castro in fact received a meaningful opportunity to present his views to them on the issue of validation. See Castro v. Terhune, 29 Fed.Appx. 463, 465 (9th Cir.2002). Castro argues that the district court did not explicitly make these findings. Further, even if the order implicitly contained those findings, he argues that summary judgment was inappropriate. Though we read the district court’s order to contain the required findings, we agree with Castro that there are triable issues of fact. Accordingly, we reverse.

*155 It is clear from the order that the district court did make the findings required by the prior decision of this court. First, the district court properly followed the panel’s direction to identify the “critical” decisionmaker by determining who “actually” made the…

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