California Court of Appeal

A petition for writ of habeas corpus challenging petitioner-inmate's validation as an associate of the Northern Structure prison gang is denied, where: 1) the regulatory structure provides for validation of an inmate as a prison gang member or associate based on three independent source items, without any time restrictions on those source items except for photographs; 2) a validated member or associate is only subject to housing in the Secure Housing Unit (SHU) for an indeterminate term if that gang affiliate is currently active, and that current activity is demonstrated if only one of the three source items shows documented gang activity within the past six years; and here, 3) two of the three source items used to validate and classify petitioner as a current active associate showed his gang activity within the past six years.

Appellate Information

• Decided 01/08/2014
• Published 01/08/2014

Judges

• POOCHIGIAN

Court

• California Court of Appeal

Counsel