United States Ninth Circuit

The district court's orders enforcing its initial 2006 order releasing petitioner from the Security Housing Unit, is vacated and reversed, where: 1) at the time of the district court's initial order, petitioner had been released into federal custody as a defendant in a federal RICO case, and when returned to state custody, he was placed in the Administrative Segregation Unit pending an investigation of his gang status, and then upon his subsequent conviction in the RICO case, was again housed in the SHU; 2) the district court abused its discretion in issuing the orders because prison officials did not violate the 2006 order, the 2006 order did not amount to a continuing injunction, and the 2006 order did not say that petitioner could not subsequently earn his way back to the SHU; and alternatively, 3) the district court failed to take proper account of a line of Supreme Court authority limiting federal district court management of state prisons.

Appellate Information

• Decided 01/28/2014
• Published 01/28/2014

Judges

• KLEINFELD

Court

• United States Ninth Circuit

Counsel