Inmates of San Diego County Jail in Cell Block 3b and Jason Elliot Roman III v. John Duffy
Opinion
Opinion
The plaintiffs appeal from two orders of the District Court. The first denied a motion for preliminary injunctive relief. The second denied the certification of the cause as a class action under the appropriate provisions of Fed.R.Civ.P. 23.
For the reasons later stated, we conclude that this court has jurisdiction to review each of the orders. We vacate each of them and remand the cause.
On October 4, 1974, the original plaintiffs filed an “Application for Restraining Orders” in propria persona and later the Federal defenders of San Diego Company, Inc. were appointed to serve as attorneys for the petitioners.
On November 7, 1974, counsel filed a motion for preliminary injunctive relief from, inter alia, alleged infringements of the plaintiffs’ First Amendment privileges and immunities through the unlawful censorship of incoming and outgoing mail and denial of access to reading materials.
The District Court denied the motion and we note jurisdiction under 28 U.S.C. § 1292 (a)(1) to review the decision.
It is manifest to us that the District Court mistakenly applied the rationale and holdings in Procunier v. Martinez, 416 U.S. 396 , 94 S.Ct. 1800 , 40 L.Ed.2d 224…