Mullins

MEMORANDUM **

In this 42 U.S.C. § 1983 action, T.C. Alyne Mullins, a prisoner presently confined in the Arizona Department of Correction’s (ADOC) Special Management Unit II (SMU II), a high-security administrative segregation facility, appeals the grant of partial summary judgment in the defendants’ favor. The district court ruled that Mullins was not denied due process of law by the 180-day periodic review process examining his classification as a member of the Aryan Brotherhood, a security threat group (STG), and the basis for his continued confinement in SMU II. The district court held a three-day bench trial on the balance of the claims as to the conditions of his confinement, and held that Mullins had not proved that those conditions rose to the level of a constitutional violation. Mullins challenges only the district court’s adverse ruling on his due process claim.

The gravamen of Mullins’ appeal is that, although he receives notice of each 180-day review hearing, has the opportunity to be present, and may present evidence on his behalf, his procedural due process rights are implicated because he has no meaningful opportunity to be heard. The only way to extricate himself…