Leopoldo Cardenas v. Eldon Vail

MEMORANDUM

Leopoldo Cardenas, a Washington state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging violations of his First and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002). We affirm.

The district court properly granted summary judgment on Cardenas’s due process claim because Cardenas had an adequate post-deprivation remedy under Washington state law. See Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam) (“[A] negligent or intentional deprivation of a prisoner’s property fails to state a claim under section 1983 if the state has an adequate post deprivation remedy.”); see also Wash. Rev.Code §§ 72.02.045(3), 4.92.090.

The district court properly granted summary judgment on Cardenas’s First Amendment claim because Cardenas failed to raise a genuine dispute of material fact as to whether the prison’s mail handling policies were reasonably related to legitimate penological interests. See Turner v. Safley, 482 U.S. 78, 89-91 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (discussing factors for determining whether…