Vigliotto v. Terry

865 F.2d 1131 Giovanni VIGLIOTTO, also known as Nikolai Peruskov, Plaintiff-Appellant, v. Frank TERRY, Major Chief of Security, Bob Goldsmith, Warden, Donald B. Wawrzaszek, Institutional Administrator, Defendants-Appellees. No. 87-2625. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 14, 1988. Decided Jan. 19, 1989. Robert Catz, Cleveland, Ohio, Mark H. Shenfield, Birmingham, Ala., and Terence J. Anderson, Coral Gables, Fla., for plaintiff-appellant. David Rich Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before GOODWIN, SNEED and HUG, Circuit Judges. SNEED, Circuit Judge: 1 The district court granted summary judgment in Vigliotto's action under 42 U.S.C. Sec. 1983 (1982) against prison officials. We affirm. I. FACTS AND PROCEEDINGS BELOW 2 Vigliotto is serving a sentence in the maximum security prison at Florence, Arizona. On September 16, 1983, prison officials searched Vigliotto's cell in order to remove any unauthorized materials. Although the parties disagree about how the search was conducted, it is clear that ten boxes, inventoried as "miscellaneous legal…