Guizar

Guizar v. Woodford

Good Law
282 F. App'x 551
United States Court of Appeals for the Ninth CircuitJune 11, 2008No. 07-15743California943 words

Opinion

Lead Opinion

MEMORANDUM *

Fernando Guizar (“Guizar”), an inmate at the Salinas Valley State Prison, was retained in administrative segregation for over a year pending investigations of his gang affiliation and several disciplinary infractions before ultimately receiving an indeterminate term in the Security Housing Unit (“SHU”). He filed a pro se suit contending that various prison officials vio *553 lated his due process rights throughout this process. The served defendants now appeal the district court’s denial of qualified immunity, claiming that no constitutional violation occurred or, alternatively, that any violation was based on their reasonable misapprehension of the law. We have jurisdiction under 28 U.S.C. § 1291 . We affirm with respect to G. Harris, P. Tingey, A. Alexander and A. Godfrey (“ICC-defendants”), and Jeanne Woodford and E. Alameida Jr. (“Director-defendants”). We reverse with respect to G. Virrueta and do not consider those parties who have yet to be served.

ICC-defendants

“Due process, in the administrative context, merely requires that the prison officials provide the inmate with some notice of the charges against him and an opportunity to present [the inmate’s]…

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