Allee
Allee v. Oregon Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
Donald Ernest Allee, an Oregon state prisoner, appeals pro se from the district court’s summary judgment in his action alleging constitutional violations under 42 U.S.C. § 1983 and violations of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Carver v. Lehman, 558 F.3d 869, 872 (9th Cir.2007), and we affirm.
The district court properly determined that Allee’s section 1983 claims against the Oregon Department of Corrections were barred under the Eleventh Amendment. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) (holding that Eleventh Amendment bars § 1983 actions against state agencies).
The district court properly granted summary judgment on Allee’s First Amendment claim because the prison’s decision to punish Allee for mailing a flier that advocated the use of violence was reasonably related to legitimate penological interests. See Witherow v. Paff, 52 F.3d 264, 266 (9th Cir.1995) (per curiam) (“[p]reventing prisoners from disseminating offensive or harmful materials clearly advances the [legitimate penological…