Ashker

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Plaintiff Todd Ashker, an inmate housed in the Security Housing Unit (SHU) at Pelican Bay State Prison (PBSP), moves for summary judgment on his First Amendment book label claim. Defendant California Department of Corrections (CDC) opposes the motion. Ashker has not filed a reply. The matter was heard on April 19, 2002. Having considered all of the papers filed by the parties and oral argument on the motion, the Court GRANTS Plaintiffs motion for summary judgment (Docket No. 179).

FACTUAL BACKGROUND

The parties agreed at oral argument that there are no disputes of material fact. Thus, the following facts are taken as true:

There is a high number of inmates housed in the SHU who are involved in gang activity. Declaration of Sergeant Glen Rodman (Rodman Decl.) at ¶ 3. Members of gangs are more likely than prisoners housed in the general population to receive contraband, including drugs or encrypted messages in publications. Rod-man Decl. at ¶ 4. To prevent inmates housed in the SHU from receiving contraband, PBSP Operational Procedure 806 outlines a “Special Purchases” program. Declaration of Herman Franck (Franck Decl.),…