California, United States of America
The following excerpt is from In re Bean, C072465 (Cal. App. 2013):
"The 'some evidence' standard is the constitutional test that applies to court review of certain prison administrative decisions, including the gang validation decisions at issue here as well as other decisions such as parole or prison discipline affecting an inmate's credits. ([In re] Furnace [(2010)] 185 Cal.App.4th [649,] 659; see Superintendent v. Hill (1985) 472 U.S. 445, 454 [86 L.Ed.2d 356, 364, 105 S.Ct. 2768]; [In re] Efstathiou, supra, 200 Cal.App.4th at p. 733.) In applying that standard in the gang validation context, the court must still consider whether the requisite findings have been established consistent with the administrative regulations. There must be three independent sources of evidence supporting the gang validation decision, at least one of which provides direct evidence of gang activity. (Cf. [In re] Furnace, supra, at pp. 659-663 [reviewing gang validation decision]; see [In re] Efstathiou, supra, at p. 730; In re Sampson (2011) 197 Cal.App.4th 1234, 1242-1243 [130 Cal.Rptr.3d 39].)" (In re Fernandez, supra, 212 Cal.App.4th at p. 1207.)
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