Faunce

On behalf of himself and other plaintiffs below, all of whom are prisoners in the state prison at Folsom, California, David Wilder Faunce appeals from a judgment denying plaintiffs’ motion for a preliminary injunction and dismissing their complaint challenging the validity of prison regulations which limit the amount and type of property prisoners may keep in their cells and for declaratory relief and a permanent injunction. Faunce contends the regulations were promulgated without compliance with the California Administrative Procedure Act and that the regulations violate several constitutional and statutory rights, including the right of access to the courts. We shall reverse and remand with directions to vacate the dismissal of the complaint and enter an order granting a preliminary injunction.

I

On September 1, 1983, David Faunce, Fred Roberts, and John Butts, inmates at Folsom Prison, filed a class action complaint in propria persona for declaratory and injunctive relief against the Director of the Department of Corrections (Director) and other prison officials, seeking to forestall the implementation and enforcement of revised chapter 4600 of the Department of…