Ernesto Lira v. Matthew Cate, Secretary of California Department of Corrections & Rehabilitation
Published: Dec. 11, 2010 | Result Date: Sep. 30, 2009 | Filing Date: Jan. 1, 1900 |Case number: 3:00-cv-00905-SI Bench Decision – Plaintiff
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Scott J. Feudale
(Office of the Alameda County Counsel)
Facts
Ernesto Lira filed a civil rights action challenging his placement in administrative segregation (solitary confinement) due to the California Department of Corrections and Rehabilitation (CDCR) improperly validating him as an associate of a prison gang.
Contentions
PLAINTIFF'S CONTENTIONS:
Lira claimed that his due process rights were violated because he was not in fact an associate of the prison gang and his validation was not supported by sufficient, reliable evidence. He further alleged that his rights were violated because he was not given notice and an opportunity to present his views before being placed in solitary confinement.
Result
The court found in favor of Lira and ordered his validation to be expunged.
Other Information
Defendant appealed the District Court's decision to the Ninth Circuit on several legal grounds. The matter has been fully briefed and the parties are awaiting an oral argument date to be set.
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