United States Ninth Circuit

District court's order terminating a prisoner civil rights action which challenged plaintiff-prisoner's validation as an associate of the Mexican Mafia prison gang is affirmed, where: 1) Cal. Code Regs. tit. 15, section 3378 (c) is not void for vagueness as it clearly indicates that the prisoner's conduct in this case could result in validation; 2) the district court erred in not evaluating because it did not evaluate whether "some evidence" supported plaintiff-prisoner's validation as a prison gang associate; but 3) remand is not required to correct the error where the evidence in the record showed that prison officials relied on "some evidence" supports plaintiff-prisoner's validation as an associate of the Mexican Mafia gang; and 4) the validation procedure satisfied the requirements of the district court's prior Remedial Order.

Appellate Information

• Decided 04/05/2013
• Published 04/05/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel