Navarette v. Enomoto

581 F.2d 202 Apolinar NAVARETTE, Jr., a/k/a Paul Medel Navarette, Plaintiff-Appellant, v. Jiro J. ENOMOTO, T. W. Stone, P. J. Morris, B. Neal, R. Kramar, W. L. Johnson, and Does One through Four, Defendants-Appellees. No. 74-2212. United States Court of Appeals, Ninth Circuit. June 22, 1978. 1 Michael E. Adams of La Casa Legal De San Jose Project, San Jose, Cal., for plaintiff-appellant. 2 Sanford Svetcov, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees. 3 Before KOELSCH and HUFSTEDLER, Circuit Judges, and HILL, * District Judge. ORDER ON REMAND 4 In his complaint plaintiff alleged nine claims. One through three, in substance, all charged unlawful interference with plaintiff's outgoing mail by defendant prison officials. Claim 1 charged the interference was deliberate; Claim 2, that it was done in "bad faith"; and Claim 3, that it was done through the officials' negligence. The gravamen of Claims 4 through 6 was the termination of a law student visitation program in which plaintiff had participated and his removal as prison librarian; and Claims 7 through 9 sought to hold certain of the defendants vicariously liable for the conduct alleged in Claims 1 through 6. 5…