Robert Griffin v. James Gomez

741 F.3d 10, 2014 WL 292528
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 28, 2014
Docket09-16744, 11-15373
StatusPublished
Cited by41 cases

This text of 741 F.3d 10 (Robert Griffin v. James Gomez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Griffin v. James Gomez, 741 F.3d 10, 2014 WL 292528 (9th Cir. 2014).

Opinions

OPINION

KLEINFELD, Senior Circuit Judge:

We address enforcement of an order regarding conditions of confinement.

FACTS

Robert Lee Griffin has been imprisoned since 1970. He was originally convicted of robbery and burglary. He committed additional violent crimes while in prison, including murder of another inmate, earning a life sentence. During his confinement, he became a leader in a national prison gang, the Aryan Brotherhood. Because of his gang activities, he has been confined for many years to a “security housing unit” (“SHU”), to protect other prisoners from him and his gang underlings. This appeal addresses the security housing unit aspect [12]*12of his confinement, not the confinement itself.

California has a chronic problem with murderous prison gangs, typically organized by ethnicity. The gangs engage in extortion, drug trafficking, assault, and murder within the prisons. And, since many prisoners are eventually released, and many have family and friends outside the prisons, the gangs’ reach and ability to order assaults and murders extends outside the prisons.

According to the declaration in this case of the Special Agent in Charge of the California Office of Correctional' Safety, Griffin’s gang, the Aryan Brotherhood, or “AB,” originated in San Quentin prison in the 1960s, and has spread throughout the California state prison system and beyond, to other states’ prison systems and to the federal prison system. Once a member of the Aryan Brotherhood, a person is always a member, according to the Special Agent’s declaration:

The AB is a white supremacist group that operates under the principle of ‘blood in/blood out,’ meaning that in order to become an AB member, the individual must murder someone for the AB, and the only way to get out of the AB is by dying naturally or being killed. Thus membership is for life, as is typical with virtually all prison gangs.

California created the “Office of Correctional Safety” within its Department of Corrections and Rehabilitation to address its prison gang problem. Officers within this unit “validate” an inmate’s gang membership by accumulating evidence, and by giving the inmate notice and an opportunity to be heard on whether he is indeed a gang member. The Office considers gang members to be “a severe threat to the safety of others and to the security of the institution,” so once “validated,” an inmate is placed in a SHU indefinitely.

A classification committee reviews a gang member’s SHU status every six months to consider whether or not to release him into the general population. Inmates can also volunteer for “debriefing” to establish that they are “dropouts” from their gangs and obtain release into the general prison population. When an inmate wants to debrief, prison officials interview him, and then house him with other inmates who are debriefing and observe him for a period of time to determine whether he has really left his gang. Debriefing does not require an inmate to disclose crimes he has committed. But he must name other gang members and discuss past activities of his gang. Over a thousand inmates have been debriefed and released from SHUs in recent decades. As an alternative to debriefing, the prison officials also run an “inactive review” process, where they review the files of inmates who have had no documented gang activity for at least six years, and consider whether or not to release them from the SHU. Over five hundred inmates have been declared inactive and released from the SHU via this process.

Griffin has not been among those gang members released into the general prison population. He was validated as an Aryan Brotherhood member in 1979, and put into the SHU at the California Correctional Institution at Tehachapi in 1987. He was transferred to the SHU at Pelican Bay State Prison in 1989, and remained there until 2002.1 Prison officials reconfirmed his Aryan Brotherhood membership in [13]*131995 and 1996. In 1999 and 2000, prison officials received several confidential mem-oranda suggesting that Griffin was still authorizing assaults on behalf of the Aryan Brotherhood. In 2000, they intercepted a “kite” — a letter smuggled past prison officials to another prisoner2 — that said that Griffin had authorized an assault on another prisoner on behalf of the Aryan Brotherhood.

The notion of “authorizing” an assault relates to the somewhat bureaucratic organization of the Aryan Brotherhood. The California faction of the Aryan Brotherhood is led by a Commission, which orders murders and assaults to keep subordinate Aryan Brotherhood members under control and advance the gang’s drug smuggling and other interests. Griffin was a founding member of the Commission. Various intercepted documents suggested to prison officials that Griffin was still a member of the Commission and was still giving instructions in 1999, but was nevertheless “keeping a low profile because of his pending [habeas] case.”

Griffin seeks release from the SHU in which he is currently confined. He claims that he is no longer active in the Aryan Brotherhood, but prison officials have not released him through the inactive review process, and he has refused to “debrief.” He has argued that debriefing would put him and his family at risk of retaliation for revealing gang secrets. He says that, having ceased all gang activity, he should not have to take that risk in order to be released from the SHU. The prison authorities do not believe that he is inactive or, as they put it, has “retired” from the Aryan Brotherhood. They claim that “retirement” would be inconsistent with the Aryan Brotherhood’s “blood in/blood out” requirement. In addition to their doubt that the Aryan Brotherhood allows retirement, prison authorities have received numerous tips from other prisoners that Griffin remains an active leader of the gang.

All this is background. Griffin’s arguments in this case are legal, not factual, based on a complex tangle of past litigation. We now summarize the history of this litigation.

In 1992, while incarcerated at the Pelican Bay SHU, Griffin petitioned for a writ of habeas corpus. He sought release from the SHU into the general prison population, not release from prison, so it was not clear that habeas corpus was the appropriate means of seeking relief. The district court denied the petition. On appeal, we held that Griffin could indeed use the ha-beas process rather than § 1983, even though he was addressing conditions of confinement rather than the legitimacy or duration of his confinement.3 One of Griffin’s arguments was that holding him in the SITU unless he debriefed was cruel and unusual punishment violative of the Eighth Amendment. We did not decide whether this was so, but instead remanded for further consideration in light of Madrid v. Gomez,4 a district court decision in a class action challenge of which Griffin was a part.

Madrid addressed, among other issues, Eighth Amendment claims by prisoners in the Pelican Bay SITU. The court emphasized that the Pelican Bay SHU was unique, “a place which, by design, imposes conditions far harsher than those any[14]*14where else in the California prison system.” 5 It had unique architecture imposing extreme isolation, in which the “worst of the worst” prisoners were confined.6

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Cite This Page — Counsel Stack

Bluebook (online)
741 F.3d 10, 2014 WL 292528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-griffin-v-james-gomez-ca9-2014.