United States Ninth Circuit

Defendant may challenge the conditions of his confinement under section 1983 because his claim, if successful, would not necessarily invalidate a disciplinary action that affects the fact or length of his confinement. Defendant's challenge to his term of segregated confinement is cognizable under section 1983 as a potentially atypical and significant hardship.

Appellate Information

• Argued 12/06/2002
• Decided 06/27/2003
• Published 06/27/2003

Judges

• Before COWEN,HAWKINS and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter Huang, McDermott, Will & Emery, Palo Alto, CA, for the plaintiff-appellant.


• For Appellees:
  
• Thomas S. Patterson, Deputy Attorney General, San Francisco, CA, for the defendants-appellees.