Pepperling v. Crist

678 F.2d 787 Richard G. PEPPERLING, Lee Pendergrass, and Gary Quigg, Plaintiffs-Appellants, v. Roger W. CRIST, Warden of Montana State Prison; James Blodgett, Deputy Warden; Gary Weer, Associate Warden; et al., Defendants-Appellees. No. 81-3086. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1981. Decided June 2, 1982. Gary Quigg, pro se. Nick A. Rotering, Dept. of Institutions, Helena, Mont., for defendants-appellees. Appeal from the United States District Court for the District of Montana. Before GOODWIN and FLETCHER, Circuit Judges, and PANNER, * District Judge. FLETCHER, Circuit Judge: 1 Appellants are prisoners confined in the Montana State Prison. Their appeal challenges the constitutionality of conditions inside that institution. They object specifically to the use of mass punishments, confiscation of inmate property, and mail censorship. We note jurisdiction under 28 U.S.C. § 1291 , and affirm in part, reverse in part, and remand. 1. MASS PUNISHMENTS 2 Careful review of the record reveals that the only evidence of mass punishments presented at trial described an incident which took place in April of 1980. A guard was hit and injured by a…