Orrin Carr v. Matthew Cate

MEMORANDUM

Orrin Carr (Carr), appeals from the district court’s grant of Defendants’ motion for summary judgment. We have jurisdic tion under 28 U.S.C. § 1291 . We reverse and remand to the district court for further proceedings.

We review de novo the district court’s grant of summary judgment, drawing all reasonable inferences in Carr’s favor. See Zeinali v. Raytheon Co., 636 F.3d 544, 547 (9th Cir.2011).- Carr, a California state prisoner, left a Christmas card for a prison staff member with the message “Sorry” written inside. As a result, Carr was charged and found guilty of a violation of Title 15 of the California Code of Regulations § 3013 (Cal.Code Regs. Tit. 15, § 3013). Section 3013 reads as follows: “Unlawful Influence. Inmates shall not attempt to gain special consideration or favor from other inmates, employees, institution visitors or any other person by the use of bribery, threat or other unlawful means.” CaLCode Regs. Tit. 15, § 3013.

The district court granted Defendants’ motion for summary judgment, holding that Defendants were entitled to judgment as a matter of law on Carr’s claim. We disagree and conclude that Carr was not on notice that his conduct violated…