Castro v. Terhune, et al, No. 11-16837 (9th Cir. 2013)
Annotate this CaseDefendant, a prison inmate, filed suit challenging his validation as an "associate" of the Mexican Mafia, a recognized prison gang. The court held that defendant's void-for-vagueness challenge of Cal. Code Regs. tit. 15, 3378(c)(4), an administrative regulation that guides officials in validating inmates as gang affiliates, failed because section 3378(c)(4) clearly indicated to defendant that his conduct could result in validation. Although the district court should have evaluated whether defendant was validated based on "some evidence," remand was not required to correct the error. The evidence in the record showed that prison officials relied on "some evidence" to validate defendant as an associate of the Mexican Mafia gang. Accordingly, the court affirmed the judgment of the district court.
Court Description: Prisoner Civil Rights. The panel affirmed the district court’s order terminating a prisoner civil rights action which challenged the prisoner’s validation as an associate of the Mexican Mafia prison gang. The panel rejected the prisoner’s “void-for-vagueness” challenge to Cal. Code Regs. tit. 15, § 3378 (c), an administrative regulation that guides prison officials in validating inmates as gang affiliates. The panel held that section 3378(c) clearly indicated that the prisoner’s conduct in this case could result in validation. Further, the panel held that although the district court should have evaluated whether the prisoner was validated based on “some evidence,” remand was not required to correct the error. The panel determined that the evidence in the record showed that prison officials relied on “some evidence” to validate the prisoner as an associate of the Mexican Mafia gang and that the validation procedure satisfied the requirements of the district court’s prior Remedial Order.
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