Crane

Crane v. Wheeler

Good Law
269 F. App'x 777
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 05-17410California356 words

Opinion

lead Opinion

MEMORANDUM **

California state prisoner Richard Joseph Crane appeals pro se from the district court’s partial summary judgment and partial judgment after jury trial in his 42 U.S.C. § 1983 action alleging disciplinary due process violations and retaliation at High Desert State Prison. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment. Blueford v. Prunty, 108 F.3d 251, 255 (9th Cir.1997). We review evidentiary rulings for an abuse of discretion. Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Crane’s claim that his due process rights were violated by disciplinary proceedings that resulted in the loss of good time credits because Crane failed to show that the results of the disciplinary hearings were invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) (holding prisoner must demonstrate conviction or sentence has been successfully overturned before challenging validity of the conviction or sentence); Blueford, 108 F.3d at 255 (affirming dismissal without prejudice under Heck of damages claims…

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