Lee Max Barnett v. Helen Centoni, Correctional Officer, San Quentin State Prison S. Donahue, Correctional Officer, San Quentin State Prison

California state prisoner Lee Max Barnett, a death row inmate, appeals pro se the district court’s summary judgment in favor of corrections officials in Barnett’s 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand for further proceedings.

I. Background

In January 1992, Barnett wrote a harassing letter to the parents of a key prosecution witness in Barnett’s criminal trial. The witness had recently committed suicide. On February 7, 1992, the Butte County District Attorney’s office requested that prison officials prevent Barnett from harassing individuals associated with his criminal case. Barnett was charged with a disciplinary rule violation, and the charging officer recommended that Barnett be considered for reclassification from grade A to grade B to prevent him from sending other such letters. Barnett was notified on February 13, 1992 that an administrative classification hearing would be held within 10 days to review his classification.

On February 20, 1992, a hearing was held and prison officials determined that a grade B classification was administratively warranted pending the hearing on the disciplinary…