In a 42 U.S.C. section 1983 action by a prisoner alleging that he was placed in racially discriminatory lockdowns, summary judgment for defendants is affirmed in part where the lockdown did not violate due process because it did not impose extraordinary hardship on plaintiff. However, the order is reversed in part where defendants offered no evidence to disprove plaintiff's claim of racial discrimination.
Argued and Submitted February 13, 2009
Filed January 12, 2010
Opinion by Judge Noonan
Cynthia J. Larsen, Sacramento, CA
John W. Riches, II, Sacramento, CA