Nakao

MEMORANDUM AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

Plaintiffs in this action are Charles Nakao, a former inmate of San Quentin state prison (inmate Nakao), Helen Gabriel Nakao (Mrs. Nakao), and Ronald Dellums, a United States Congressman. Defendants, identified in detail below, are various officials and employees of the State of California (state defendants) and the County of Contra Costa (county defendants). One of plaintiffs’ claims is that the state defendants opened and copied certain letters sent by Congressman Dellums to inmate Nakao when Nakao was incarcerated in San Quentin. The focus of this lawsuit, however, is plaintiffs’ claim that the state defendants, at the request of the county defendants, illegally searched inmate Nakao’s prison cell at San Quentin. An understanding of this lawsuit requires an examination of plaintiff’s allegations concerning the details surrounding this search.

Mrs. Nakao married inmate Nakao in June of 1981. Prior to the marriage, Mrs. Nakao was a Social Casework Specialist for the County of Contra Costa. In that capacity, she was assigned to the task of finding appropriate placement for the child of inmate Nakao. Plaintiffs’ complaint…