Lehman
Prison Legal News v. Lehman
Opinion
Opinion
Alarcon, J.
The Washington Department of Corrections (“DOC”) appeals from the grant of summary judgment .and permanent injunc-tive relief on Prison Legal News and Rol-lin A. Wright’s (collectively “PLN”) claim that the DOC prohibition against the re ceipt by inmates of non-subscription bulk mail and catalogs violates the First and Fourteenth Amendments. The thirteen individual defendants (“prison officials”) appeal from the denial of their motion for summary judgment based on their defense of qualified immunity from damages as a result of restricting inmates from receiving third-party legal materials.
PLN has filed a cross-appeal from the order granting summary judgment to the thirteen individuals based on their defense of qualified immunity regarding PLN’s claim that the defendants violated its constitutional rights.
We affirm the district court’s decision. Under the test laid out in Turner v. Safley, 482 U.S. 78, 89-90 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987), the DOC’s ban on non-subscription bulk mail and catalogs is not rationally related to a legitimate penological interest and is therefore unconstitutional. Although the ban violates PLN’s First Amendment rights, the prison officials…