Walton

Walton v. Terry

Good Law
38 F. App'x 363
United States Court of Appeals for the Ninth CircuitFebruary 21, 2002No. 01-15708; D.C. No. CV-98-01183-EHCCalifornia329 words

Opinion

Lead Opinion

MEMORANDUM **

Geary Wayne Walton, an Arizona state prisoner, appeals pro se the district court’s partial dismissal and partial summary judgment for defendants in his 42 U.S.C. § 1983 action alleging violation of his First, Eighth and Fourteenth Amendment rights and retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim as well as its grant of summary judgment. See Barnett v. Centoni 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam). We affirm.

Because prison officials’ temporary disruption of Walton’s correspondence with his incarcerated daughter was reasonably related to the legitimate penological objective of preventing coordinated criminal activities, the district court properly granted summary judgment on Walton’s First Amendment claim. See Turner v. Safley, 482 U.S. 78, 88-89, 92 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (prison officials had a legitimate penological objective in prohibiting communication between inmates where the prohibition was legitimately intended to prevent coordinated criminal activity).

Walton failed to raise a triable issue regarding whether prison officials were…

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