Brown

Brown v. Mason

Good Law
288 F. App'x 391
United States Court of Appeals for the Ninth CircuitAugust 1, 2008No. 06-35766California495 words

Opinion

Lead Opinion

MEMORANDUM **

Gregory Tyree Brown, a Washington state prisoner, appeals pro se from the district court’s summary judgment for defendant prison officials in his 42 U.S.C. § 1983 action alleging that his First Amendment rights were violated when his personal property was confiscated pursuant to official prison policy. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Ashker v. Cal. Dep’t of Corr., 350 F.3d 917 , 921 (9th Cir.2003), and affirm in part, reverse in part, and remand for further proceedings consistent with this disposition.

Defendants failed to show that the challenged regulation is rationally related to a legitimate penological objective. See id. at 922 (“A prison regulation that impinges on inmates’ constitutional rights ... is valid only if it is ‘reasonably related to legitimate penological interests.’ ”) (quoting Turner v. Safley, 482 U.S. 78, 88 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987)); (“[A] regulation cannot be sustained where the logical connection between the regulation and the asserted goal is so remote as to render the policy arbitrary or irrational.”) (quoting Turner, 482 U.S. at 89 , 107 S.Ct. 2254 ).

There was no rational basis for…

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