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Both Wiggins and the defendants have submitted evidence showing that Wiggins was placed in administrative segregation because of his membership in the Black Guerilla Family.
Wiggins acknowledges that he is a member of this group, but contends that the Black Guerilla Family is a political organization and that he is therefore being segregated based solely on his political views, in violation of the First Amendment.
Wiggins has submitted a handwritten copy of the BGF Constitution in support of his claim.
The defendants contend that the Black Guerilla Family is a prison gang, and that they are justified in placing Wiggins in segregation based on his avowed and confirmed membership therein.
They have submitted a declaration from the Institution Gang Investigator and an excerpt from a book identifying the Black Guerilla Family as a dangerous prison gang.
We have previously identified the BGF as “a black prisoners’ gang.
The defendants have submitted evidence that Wiggins is a member of the Black Guerilla Family, and have determined that gang membership poses a threat to prison security.
Weldon Eugene Wiggins v. James Rowland, Director, California Department of Corrections; Daniel B. Vasquez, Warden, Defendants-Appellees, 34 F.3d 1075 (9th Cir. 1994). U.S. Court of Appeals for the Ninth Circuit – 34 F.3d 1075 (9th Cir. 1994). Submitted August. 3, 1994. Decided August 11, 1994.
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