Dale E. Harper v. Clyde Wallingford Larry Kincheloe W.L. Kautsky an Unnamed Mailroom Staff Member at W.S.P., A/K/A "d.s."

ORDER

The memorandum disposition filed May 10, 1989, is redesignated an authored opinion by Judge Tevrizian.

OPINION

Plaintiff-Appellant Dale E. Harper, an inmate at the Washington State Penitentiary, brought this action pro se under 42 U.S.C. Section 1983 alleging that prison authorities had violated his First Amendment rights by withholding mail. Plaintiff sought declaratory, injunctive, and monetary relief. The district court awarded summary judgment in favor of the defendants. We affirm.

The mail in question was from the North American Man/Boy Love Association (“NAMBLA”) and consisted of a membership application and a copy of the organization’s bulletin. Prison mail room employees refused to deliver the material to plaintiff and notified plaintiff of their intentions. Prison officials refused to deliver the materials to the plaintiff because they felt the material threatened prison security and therefore violated Washington State Department of Corrections Policy Directive 450.020(6)(c). Plaintiff unsuccessfully appealed the decision through the prison grievance system.

Plaintiff is incarcerated as a result of convictions for Robbery in the First Degree While Armed With A…