On October 11, 1995, a Washington state inmate brought a pro se civil rights action in the U.S. District Court for the Eastern District of Washington, challenging a prison regulation that prohibited receipt by a prisoner of any book, magazine, or other publication, unless prisoner ordered publication from publisher and paid for it out of prisoner's own prison account. The inmate sought injunctive relief and monetary damages.

Both parties filed cross-motions for summary judgment. On December 17, 1996, the District Court (Judge Lonny R. Suko) granted plaintiff's motion in part and defendant's motion in part. The Court enjoined enforcement of regulation and granted injunctive relief because the regulation barred future gifts of publications, but denied the inmate's claim for damages and held that defendant prison officials would be entitled to qualified immunity. The District Court also upheld a prison regulation that allowed inspection of all packages including publications and the requirement that books had to be purchased directly from the publisher. Both parties appealed.

The Ninth Circuit Court of Appeals (Circuit Judge Schroeder) affirmed and held that: (1) blanket prohibition on gift publications violated

First Amendment; (2) temporary delay in delivery of publications did not violate First Amendment; (3) prisoner was not entitled to

continuance; and (4) prisoner failed to make showing of contempt. Crofton V. Roe, 170 F.3d 957 (9th Cir. 1999).

We have no further information on this case.

Dan Dalton - 02/17/2007


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