Legal Opinion

Carlos Castro v. Cal Terhune

Court of Appeals for the Ninth Circuit

Decided April 5, 2013No. 11-16837PublishedCited by 37 opinions

1Opinion of the Court

OPINION

N.R. SMITH, Circuit Judge:

Under the “void-for-vagueness” doctrine, due process requires enactments to be written with “sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983). Cal.Code Regs. tit. 15, § 3378(c)(4), an administrative regulation that guides prison officials in validating inmates as gang affiliates, satisfies both requirements. Due process also requires such validations to be supported…

2Cases cited29 opinions

  1. Turner v. SafleySupreme Court of the United States · 1987
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  4. Broadrick v. OklahomaSupreme Court of the United States · 1973
  5. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985

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3Cited by37 opinions

  1. Calop Business Systems, Inc. v. City of Los AngelesDistrict Court, C.D. California · 2013
  2. Monarch Content Management LLC v. Arizona Department of GamingCourt of Appeals for the Ninth Circuit · 2020
  3. In re CabreraCalifornia Court of Appeal · 2013
  4. Anthony A. v. Commissioner of CorrectionSupreme Court of Connecticut · 2021
  5. Everett Gonzalez v. C. GardemalCourt of Appeals for the Ninth Circuit · 2015

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