Lira v. Director of Correct, et al

Filing 457

JUDGMENT: Judgment is entered in favor of Ernesto Lira and against defendant. (SI, COURT STAFF) (Filed on 9/30/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 30, 2009 SUSAN ILLSTON United States District Judge v. MATTHEW CATE, SECRETARY OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, Defendant. / ERNESTO LIRA, Plaintiff, No. C 00-905 SI JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA On September 30, 2009, the Court filed Findings of Fact and Conclusions of Law, and found that plaintiff prevailed on his claims for declaratory and injunctive relief. Accordingly, IT IS DECLARED that plaintiff's gang validation was not supported by accurate or reliable evidence and was implemented in violation of his procedural due process rights; and IT IS ORDERED that defendant Matthew Cate, as Secretary of CDCR, shall expunge plaintiff's validation as a Northern Structure associate from CDCR records, report the expungement to all gang-related law enforcement databases and clearinghouses to which the original validation was reported previously, and remove all documents related to the validation from plaintiff's prison file; and JUDGMENT is entered in favor of Ernesto Lira and against defendant. IT IS SO ORDERED AND ADJUDGED. United States District Court For the Northern District of California 23 22 21 20 19 18 17 16 15 14 13 12 11 10 28 9 8 7 6 5 4 3 2 27 26 25 24 1 2

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