Ashker

Ashker v. California Department of Corrections

Good Law
350 F.3d 917
United States Court of Appeals for the Ninth CircuitNovember 18, 2003No. 02-17077California2,554 words

Opinion

Lead Opinion

Tashima, J.

*868 OPINION

Defendants-Appellants, the California Department of Corrections and various prison officials (collectively, “CDC”), appeal an order of the district court granting summary judgment in favor of Plaintiff-Appellee, Todd Lewis Ashker, and issuing a permanent injunction against CDC. Ash-ker, a state prisoner housed in the Security Housing Unit (“SHU”) at Pelican Bay State Prison (“PBSP”), challenged a prison policy requiring books and magazines mailed to the prison to have an approved vendor label affixed to the package. In a published opinion, the district court granted summary judgment in favor of Ashker because the policy unreasonably burdened Ashker’s First Amendment rights and was not rationally related to a legitimate peno-logical objective. Ashker v. Cal. Dep’t of Corr., 224 F.Supp.2d 1253, 1262 (N.D.Cal. 2002). The court further held that Ashker was entitled to injunctive relief and issued a permanent injunction enjoining PBSP from enforcing the book label requirement. Id. at 1263-64 . Our jurisdiction is pursuant to 28 U.S.C. §§ 1291 and 1292(a). 1 We affirm.

BACKGROUND

Ashker’s complaint under 42 U.S.C. § 1983 alleged violations of his rights under the First…

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