Veronza Bowers, Jr., Plaintiff-appellant, v. United States Parole Commission, et al., Defendants-appellees, 996 F.2d 1223 (9th Cir. 1993)

MEMORANDUM^** 

In Cato v. Rushen, 824 F.2d 703 (9th Cir. 1987), we held that there "must be some indicia of reliability that forms the basis for prison disciplinary actions," id. at 705, and concluded that uncorroborated hearsay statements by a confidential informant do not satisfy this standard. Id. Here the government concedes that the Institutional Disciplinary Committee's unsubstantiated finding that petitioner aided in an inmate assault in 1980 ran afoul of Cato, and that the Parole Commission's reliance on that finding in denying parole therefore violated petitioner's due process rights. See also Zimmerlee v. Keeney, 831 F.2d 183, 186-87 (9th Cir. 1987), cert. denied, 487 U.S. 1207 (1988).

In light of the government's concession, we REVERSE the district court's grant of summary judgment to defendants with instructions to further REMAND to the Parole Commission to recompute petitioner's parole eligibility absent the unsubstantiated disciplinary action. Cf. Feldman v. Perrill, 902 F.2d 1445, 1449-50 (9th Cir. 1990) (instructing district court to remand to Parole Commission for recomputation of petitioner's eligibility for parole if court determined that Commission improperly relied on challenged state conviction). So ORDERED.