Frost

Raymond Ludwig Frost (“Frost”) appeals from the district court’s order granting the Defendants’ motion for summary judgment in Frost’s action under 42 U.S.C. § 1983 for violations of his First and Fourteenth Amendment rights and the Hook Consent Decree. Frost seeks damages from Arizona Department of Corrections (“ADOC”) officials who allegedly withheld issues of Penthouse and Gallery magazines and returned without authorization music CDs Frost ordered from BMG Music Service (“BMG”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

I.

In October 1973, the district court approved a consent decree in Hook v. Arizona, No. CIV-73-97 PHX-CAM (the “Hook Consent Decree”), a suit brought by eleven inmates of the ADOC over mail regulations. Under the Hook Consent Decree, inmates could not receive publications 1 that were found to contain (1) “material which constitutes a direct and immediate threat to the security, safety or order of the institution,” or (2) “any material which is deemed obscene under applicable constitutional standards.” The Hook Consent Decree also provided that “[pjrompt written notice will be given a resident if any…