AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Gang Activity
An amendment
to the California state penal code under which a prison inmate who chose
to remain an active gang member during his incarceration was placed in
administrative segregation and deemed ineligible to earn sentence reduction
conduct credits did not violate his rights against ex post facto punishment
since his choice to remain in the gang continued after the passage of the
provision. The court also found that the determination that he remained
a gang member was adequately supported by "some evidence." In
re Efstathiou, #C067807, 2011 Cal. App. Lexis 1381 (Cal. App.).
White inmate's rights not violated by prison's
policy of permitting gang membership while limiting gang activity. David
K. v. Lane, 839 F.2d 1265 (7th Cir. 1988).