Pennick

Pennick v. Mason

Good Law
288 F. App'x 393
United States Court of Appeals for the Ninth CircuitAugust 1, 2008No. 06-35978California349 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Curlin Pen-nick, III, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1988 action alleging that defendants violated his constitutional rights by confiscating legal papers from his cell. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Shakur v. Schriro, 514 F.3d 878, 883 (9th Cir.2008), and affirm.

Pennick contends that the Washington Department of Corrections (“DOC”) unconstitutionally deprived his fellow inmates of their light to receive legal assistance from him. This contention lacks merit because Pennick has no standing to assert third-party rights. See Darring v. Kincheloe, 783 F.2d 874, 877-78 (9th Cir. 1986). To the extent that Pennick contends that officials violated his own right to provide legal assistance to other inmates, his argument fails because DOC provides sufficient legal assistance to inmates and therefore may limit inmates from furnishing legal assistance to fellow prisoners. See Wash. Rev.Code § 72.09.190 (2008); Washington Dep’t of Corr. Policy Directive No. 590.500; Johnson v. Avery, 393 U.S. 483, 490 , 89 S.Ct. 747 , 21 L.Ed.2d 718 (1969). Moreover, the…

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