Hayes v. Doe

Summary

The United States District Court for the Northern District of California screens Kevin Lewis Hayes’s prisoner civil-rights complaint concerning the opening of outgoing legal mail outside his presence. The court finds a cognizable First Amendment claim against Corina Lopez, Ashalla Binning, Justin Garcia, Correctional Officer Robles, and Correctional Officer Partida, orders service, and establishes a briefing schedule for dispositive motions.

Holdings

1. Liberally construed, Hayes's allegations that defendants opened his outgoing legal mail addressed to the Los Angeles County Courthouse outside his presence state a cognizable First Amendment claim.
2. The action may proceed against Corina Lopez, Ashalla Binning, Justin Garcia, Correctional Officer Robles, and Correctional Officer Partida, and those defendants must be served through the specified CDCR e-service process.

Questions Presented

1. Whether Hayes's allegations that prison officials opened properly marked outgoing legal mail outside his presence state a cognizable First Amendment claim under 42 U.S.C. § 1983.
2. Whether the complaint should proceed to service against the identified defendants under the prisoner-screening requirements of 28 U.S.C. § 1915A.

Disposition

other