Howard Lee White v. Darrell Batson, Joseph K. Evers

978 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Howard Lee WHITE, Petitioner-Appellant, v. Darrell BATSON, Joseph K. Evers, Respondents-Appellees. No. 91-16212. United States Court of Appeals, Ninth Circuit. Submitted Aug. 18, 1992. * Decided Nov. 9, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 White brought this section 1983 action alleging that his First Amendment rights were violated by officials at the Clark County Detention Center ("CCDC" or "Center") during five days in December 1986 when, while housed in the Center's booking and holding area, he was refused access to letter-writing materials and denied his incoming mail. For the second time, this court addresses itself to the question whether the vindication of these rights requires a trial on the merits. When first we considered the matter, we reversed the district court's grant of summary judgment against White on this claim, 1 concluding that questions of fact…