Cramer

BACKGROUND

In September 1994, after Cramer’s transfer to Pelican Bay, he appeared before the Pelican Bay UCC for his initial classification. Duan Dec., Ex. M, ECF No. 33-5 at 49. Following the UCC hearing, Bush generated Cramer’s 128-G chrono, dated September 13, 1994, which contained the notation, “the UCC notes Cramer is a Northern Structure (NS) dropout.” Id. The NS is a prison gang. The parties agree that this notation is false and that it was improperly placed in Cramer’s non-confidential Central File. Bush’s standard practice was to send each inmate the chrono generated after that inmate’s UCC hearing and he believes he acted consistently with this practice in delivering the September 13, 1994 128-G chrono to Cramer. Bush Dec. ¶ 4. Cramer states he did not receive the chrono and speculates that it was sent to a different inmate with a similar name. Opp. at 12, ECF No. 35-1 at 4. Cramer states that he did not know about the “NS dropout” notation in his Central File until September 2014 when he checked his Central File for information to challenge the prison’s decision to validate him as a member of a prison gang. Duan Dec., Ex. L, Cramer Depo. 26:21- 25, ECF No. 33-5…