Perry Avila v. Joe McGrath

MEMORANDUM

California state prisoner Perry Robert Avila appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims related to the confiscation of certain publications. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Leever v. Carson City, 360 F.3d 1014, 1017 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Avila’s First Amendment claim because Avila failed to raise a genuine dispute of material fact as to whether state regulations prohibiting inmates from accessing sexually explicit or obscene materials were unrelated to legitimate penological interests. See Turner v. Safley, 482 U.S. 78, 89-90 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (setting forth four-factor test to analyze validity of regulations that impinge on inmates’ constitutional rights). The district court also properly concluded that defendants made an individualized determination as to whether each publication at issue violated relevant regulations. See Thornburgh v. Abbott, 490 U.S. 401, 416-17 , 109 S.Ct. 1874 , 104 L.Ed.2d 459 (1989) (specific determinations as opposed to predetermined…