Afshin Bahrampour v. R.O. Lampert, Superintendent Debbie Holland Teresa Hicks Kathy Stevens

Afshin Bahrampour seeks reversal of the summary judgment entered in favor of the prison officials of the Oregon Department of Corrections (collectively “ODC”). In his pro se complaint, Mr. Bahrampour alleged that ODC violated his First and Fourteenth Amendment rights to freedom of speech and due process by refusing to deliver certain pieces of mail to him. In a separate, supplemental claim, he alleged that this conduct also violated his state constitutional right to freedom of speech under Article 1, Section 8 of the Oregon Constitution.

We affirm the portion of the judgment regarding Mr. Bahrampour’s § 1983 claim. We vacate in part and remand because the district court failed to consider Mr. Bah-rampour’s supplemental state law claim.

I

Afshin Bahrampour is an inmate at the Snake River Correctional Institution in Ontario, Oregon. He subscribed to the Green Lantern comic book, and purchased issues of Muscle Elegance magazine and White Dwarf magazine. ODC refused to deliver the Green Lantern comic book because prison regulations prohibited the receipt of bulk mail. ODC subsequently purchased a subscription to the Green Lantern comic book for Mr. Bahrampour after the bulk mail…