U.S. appeals court: qualified immunity precedent; Bahrampour v. Lampert.

PositionImmunity - Brief Article

Bahrampour v. Lampert, 356 F.3d 969 (9th Cir. 2004). A state prisoner sued prison officials under [section] 1983, challenging a prison regulation that prohibited prisoners from receiving certain types of publications. The district court granted summary judgment in favor of the prison officials and the prisoner appealed. The appeals court affirmed in part, vacated and remanded in part. The appeals court held that the state regulation that prohibited prisoners from receiving sexually explicit materials, and a regulation that prohibited the receipt of "role playing" materials, were related to legitimate penological interests and were not vague or overly broad. The appeals court found that state prison officials were entitled to qualified immunity on the prisoner's claim that a regulation prohibiting...

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