Fox Salerno v. Henry Munoz

MEMORANDUM

Fox Joseph Salerno, an Arizona state prisoner, appeals pro se from the district court’s dismissal order and summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his First, Fourth, and Sixth Amendment rights when they read a letter to his attorney. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A for failure to state a claim). We affirm.

The district court properly dismissed Salerno’s access-to-courts claim because Salerno failed to state facts sufficient to show that defendants’ actions hindered Salerno’s efforts to pursue a nonfrivolous legal claim. See Lewis v. Casey, 518 U.S. 343, 348-53 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (setting forth actual injury requirement).

The district court properly granted summary judgment on Salerno’s remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno’s…