Crofton

Crofton v. Roe

Good Law
170 F.3d 957·99 Daily Journal DAR 4219·1999 WL 163189·1999 U.S. App. LEXIS 5223·99 Cal. Daily Op. Serv. 2195
United States Court of Appeals for the Ninth CircuitMarch 26, 1999Nos. 97-35121, 97-35140California1,950 words

Opinion

Lead Opinion

Schroeder, J.

Clayton Crofton is a Washington State prisoner. He filed this action pro se and obtained an injunction against Washington Prison officials. The injunction bars enforcement of a Washington Prison Regulation that prohibits the receipt by a prisoner of any book, magazine, or other publication, unless the prisoner ordered the publication from the publisher and paid for it out of the prisoner’s own prison account. The district court granted injunctive relief because the regulation bars future gifts of publications. It denied Crofton’s claim for damages because Crofton had eventually received the gift publication, the delay of which prompted Crofton *959 to bring suit. The district court also held that even if Crofton had suffered damages, the defendants were entitled to qualified immunity. The district court upheld the prison’s policy of diverting all packages, including publications, to the property room for inspection and the policy requiring books to be purchased from the publisher. It denied Crofton’s request for additional discovery.

The state appeals and Crofton cross-appeals. We affirm in both. The district court properly held that the state of Washington has failed to show…

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