Quiroz

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; REFERRING CASE TO SETTLEMENT PROCEEDINGS

(Docket Nos. 267, 291)

Plaintiff, a state prisoner proceeding pro se, filed a third amended complaint under 42 U.S.C. § 1983 , arguing that prison official defendants violated his federal and state law rights. Defendants have filed a motion for summary judgment. 1 Defendants have also filed a supplemental brief. (Docket No. 290.) Plaintiff has filed an opposition. 2 Defendants have filed a reply. Having carefully considered the papers submitted, the court GRANTS in part and DENIES in part defendants’ motion for summary judgment.

BACKGROUND

In the third amended complaint, plaintiff alleges that defendants are Institutional Gang Investigators (“IGI”) of the Investigative Services Unit (“ISU”) at Pelican Bay State Prison (“PBSP”). The IGI officers are often tasked with inspecting incoming and outgoing mail. Plaintiff complains that defendants conspired with each other and retaliated against plaintiff for exercising his First Amendment right to file grievances and lawsuits. Specifically, plaintiff alleges that defendants: (1) violated plaintiffs First…