What is the test for a federal judge to approve an administrative determination of gang membership?

MultiRegion, United States of America

The following excerpt is from Jacobs v. Reps, CASE No. 1:16-cv-00791-DAD-MJS (PC) (E.D. Cal. 2016):

The administrative determination also must meet the "some evidence" standard of Superintendent v. Hill, 472 U.S. 445, 455 (1985). Bruce, 351 F.3d at 1287-88. Because the standard for "some evidence" is not high, a court need only decide whether there is any evidence at all that could support the prison officials' administrative decisions. Id. at 1287-88. A reviewing court does not "examine the entire record, independently assess witness credibility, or reweigh the evidence." Id. at 1287. However, the evidence

Page 12

supporting the administrative determination must bear "some indicia of reliability." Cato v. Rushen, 824 F.2d 703, 705 (9th Cir. 1987) (citations omitted). California regulations requiring three source items for gang validation do not dictate the outcome of the federal due process analysis. A single piece of evidence that has sufficient indicia of reliability can be sufficient to meet the "some evidence" standard. Bruce, 351 F.3d at 1288.

Other Questions


Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
What is the role of a federal district court in determining whether a federal judge has jurisdiction to delay a federal hearing? (MultiRegion, United States of America)
What is the impact of a federal administrative order requiring the Department of Justice to review and reinstate an affirmative action program approved by a federal district court? (MultiRegion, United States of America)
What is the test for deference between a federal judge and a federal district judge in sentencing decisions? (MultiRegion, United States of America)
Is a judge or prosecutor immune from a claim for damages from a former federal judge and a current federal prosecutor? (MultiRegion, United States of America)
What is the test for determining whether a federal judge has jurisdiction to interpret a statutory interpretation in a federal civil matter? (MultiRegion, United States of America)
What is the test for a federal judge to rule on a motion brought by a federal appointed judge? (Canada (Federal), Canada)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
Can a federal judge after reviewing the record in the process of making a de novo determination, have doubts concerning the credibility findings of a federal magistrate? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.