Wimberley v. Campoy, 71-1478.
| Citation | 446 F.2d 895 |
| Decision Date | 16 September 1971 |
| Docket Number | No. 71-1478.,71-1478. |
| Parties | N. D. WIMBERLEY et al., Plaintiffs and Appellants, v. Lt. J. CAMPOY, Correctional Officer, Folsom State Prison, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
N. D. Wimberley, in pro per.
Doris H. Maier, Asst. Atty. Gen., Evelle J. Younger, Atty. Gen., Charles P. Just, Nelso P. Kempsky, Deputy Attys. Gen., Sacramento, Cal., for appellee.
Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.
In this civil rights (42 U.S.C. § 1983) suit, the summary judgment in favor of the defendant is affirmed.
Campoy seized papers, it is asserted, from the plaintiff's jail house lawyers. He can't do this any more under In Re Harrell, 2 Cal.3d 675, 87 Cal.Rptr. 504, 470 P.2d 640.
But at the time he did it he was enforcing prison regulations not yet declared invalid. Here this protects Campoy. That the regulations might be outlawed may have been forecast by Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L. Ed.2d 718, but the event did not happen until Harrell came down after the seizure.
Campoy's affidavit for summary judgment said he enforced the regulations in good faith. This was not contradicted by any opposing affidavit. Thus there was no genuine issue of fact remaining to be tried.
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...prison rules on mail censorship, a fact which would immunize the conduct of the prison officials under 1983. See, e.g., Wimberley v. Campoy, 446 F.2d 895 (9th Cir. 1971). But, we cannot so conclude with utter certainty. Since this count was dismissed by way of a Rule 12(b)(6) motion, we are......
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Milton v. Nelson, 74--1686
...be invalid a defendant's good faith enforcement of these regulations can still be a defense to a section 1983 suit. See Wimberley v. Campoy, 446 F.2d 895 (9th Cir. 1971). II. Dismissal of the complaint as The district court initially granted leave for the appellant to proceed in forma paupe......