William Lyons v. Howard Skolnik

Good Law
483 F. App'x 376
United States Court of Appeals for the Ninth CircuitSeptember 24, 201209-15359California436 words

Opinion

Opinion

William Lyons, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action challenging a ban on the personal possession of typewriters by inmates in the custody of the Nevada Department of Corrections (“NDOC”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.

The district court properly dismissed Lyons’s First Amendment claim because the NDOC ban on typewriters was enacted to reasonably advance a legitimate correctional goal of institutional safety. See Turner v. Safley, 482 U.S. 78, 89 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (a regulation that impinges on First Amendment rights “is valid if it is reasonably related to legitimate penological interests”); Nev. Dep’t of Corr. v. Greene, 648 F.3d 1014, 1020 (9th Cir.2011) (concluding that the NDOC typewriter ban did not infringe upon inmate First Amendment rights because it was reasonably related to legitimate penological interests).

Dismissal of Lyons’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.