United States Ninth Circuit

Because the First Amendment right of inmates to receive commercial bulk mail was not clearly established at the time that defendant prison officials rejected plaintiff's Green Lantern comic book, defendants are entitled to qualified immunity. District court erred, however, in failing to either rule on the merits of plaintiff's supplemental state law claim, or to indicate its basis for declining to exercise supplemental jurisdiction.

Appellate Information

• Argued 11/07/2003
• Decided 01/13/2004
• Published 01/13/2004

Judges

• ALARCÓN, Circuit Judge:, Before:  GOODWIN,ALARCÓN, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David J. Burman and Signe H. Brunstad, Perkins Coie LLP, Seattle, WA, for the plaintiff-appellant.


• For Appellees:
  
• Steven R. Powers, Oregon Department of Justice, Salem, OR, for the defendants-appellees.