Payne

MEMORANDUM OPINION AND PRELIMINARY INJUNCTION

This action challenges as unconstitutional certain of the rules governing the San Mateo County Jail. The initial complaint was confined to regulations and practices concerning inmate mail, and a preliminary injunction was issued on January 13, 1971. On March 4, 1971, plaintiffs filed an amended complaint attacking the complete denial by defendants of inmate access to newspapers and magazines. This amendment is clearly within the discretion of the Court to allow or deny. Rule 15(a), Federal Rules of Civil Procedure. Defendants have shown no prejudice from the proposed amendment, and permission to so amend the original complaint is hereby granted.

There is little quarrel over the facts upon which plaintiffs base their prayer for extension of the preliminary injunction. No person incarcerated in the “main jail and medium security facility” may receive any newspaper or magazine through the mail, or from any other source within or without the facility. While the right to receive books, newspapers, and periodicals is guaranteed to convicted felons in the California state prison system, pursuant to Calif.Pen. Code § 2600(4) no such right is…