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alia
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amendments
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granted
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judgment
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claim
basis
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immunity
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svetcov
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attorney
general
california
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petitioners
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younger
attorney
general
jack
winkler
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prisons
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defendants
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send
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official
responsibility
see
scheuer
rhodes
kind
evidence
adequately
support
defense
vary
widely
case
case
defendants
especially
without
policymaking
responsibility
may
establish
defense
showing
abided
institution
regulations
practices
officials
whose
exercise
discretion
given
greater
deference
courts
see
scheuer
rhodes
supra
may
correspondingly
greater
duty
consider
legal
implications
conduct
wood
strickland
pointed
two
specific
instances
official
might
forfeit
defense
deviating
reasonable
performance
job
official
carry
official
duties
properly
chooses
course
conduct
knows
know
unconstitutional
similarly
official
steps
outside
proper
role
uses
powers
inflict
constitutional
harm
individual
reasons
unrelated
performance
duty
selective
malicious
enforcement
law
good
faith
standard
navarette
may
well
able
defeat
defendants
affirmative
defense
good
faith
alleged
therefore
must
assume
defendants
fact
act
within
sphere
accepted
responsibilities
carelessly
disregarded
standards
superiors
directed
follow
unable
make
threshold
showing
necessary
establish
good
faith
whether
showing
made
case
depends
resolution
conflict
navarette
allegations
negligence
statements
defendants
affidavit
defendants
fare
better
limit
attention
two
examples
bad
faith
set
wood
strickland
supra
wood
stated
actual
malice
intent
cause
constitutional
injury
good
faith
defendant
may
benefit
defense
misuses
powers
singling
plaintiff
special
unfair
injuries
case
malice
alleged
plaintiff
claims
must
assume
proved
evidence
might
show
defendants
intentionally
confiscated
navarette
mail
punishment
negligently
mislaid
letters
jury
might
find
defendants
animus
toward
navarette
tainted
handling
mail
defense
denied
even
respect
harm
caused
negligence
qualifying
previous
teaching
defense
regard
evidence
defendants
ill
toward
plaintiff
totally
irrelevant
claim
may
harm
caused
negligent
performance
duties
wood
also
noted
plaintiff
may
successfully
rebut
claim
immunity
based
defendant
performance
official
duties
demonstrating
defendant
knew
known
acting
unconstitutionally
think
correct
concluding
first
amendment
applicability
inmate
correspondence
well
established
defendants
known
interfering
prisoner
routine
mail
unconstitutional
however
foreclose
argument
official
neglect
alleged
case
implicated
different
constitutional
right
prisoner
right
access
courts
navarette
right
access
courts
legal
assistance
cutting
communications
law
students
legal
assistance
groups
violated
right
lower
echelon
employees
may
obligation
read
advance
sheets
jury
might
conclude
least
defendants
known
least
navarette
mail
entitled
constitutional
protection
certainly
question
whether
correction
officers
charged
knowledge
constitutional
right
communicate
law
students
legal
assistance
groups
better
answered
rather
trial
cf
donaldson
donaldson
sum
persuaded
acted
unwisely
reaching
decide
merits
affirmative
defense
evidence
heard
record
developed
completely
foreclose
possibility
plaintiff
might
able
disprove
defense
yet
even
pleaded
properly
accordingly
respectfully
dissent
decision
decide
question
properly
presented
way
decides
question
thus
wood
strickland
stated
therefore
specific
context
school
discipline
hold
school
board
member
immune
liability
damages
knew
reasonably
known
action
took
within
sphere
official
responsibility
violate
constitutional
rights
student
affected
took
action
malicious
intention
cause
deprivation
constitutional
rights
injury
student
emphasis
added
imbler
pachtman
stated
noted
earlier
decisions
immunities
products
judicial
fiat
officials
different
branches
government
differently
amenable
suit
rather
predicated
upon
considered
inquiry
immunity
historically
accorded
relevant
official
common
law
interests
behind
perhaps
good
reason
see
whirl
kern
consult
common
law
gauge
scope
jailer
immunity
cf
imbler
pachtman
supra
wood
strickland
supra
instead
seems
rely
unarticulated
notion
prison
administrators
deserve
much
immunity
governors
school
administrators
hospital
administrators
policemen
ante
also
elides
distinction
discretionary
ministerial
tasks
cf
scheuer
rhodes
one
defendant
case
joined
simply
charge
handling
incoming
outgoing
prisoner
mail
although
scope
defendant
duties
clear
may
well
performing
wholly
ministerial
chores
bagging
delivering
prison
mail
allowing
summary
judgment
favor
strongly
suggests
nature
job
irrelevant
whether
immunity
purposes
decision
also
makes
assumption
law
applies
case
like
shall
assume
without
deciding
guard
negligently
misreads
regulations
improperly
interferes
prisoner
mail
violated
procunier
filed
neither
answer
affidavit
affidavit
filed
defendants
insofar
handled
approved
returned
otherwise
dealt
mail
apolinar
navarette
actions
times
taken
good
faith
effort
comply
applicable
regulations
force
director
department
corrections
superintendent
institution
time
maliciously
interfere
confiscate
plaintiff
mail
conspire
others
act
violation
applicable
regulations
record
principle
turned
fashioning
specific
rules
wood
strickland
supra
example
said
goal
doctrine
allow
officials
jobs
faithfully
without
fear
owever
worded
immunity
must
public
school
officials
understand
action
taken
fulfillment
responsibilities
within
bounds
reason
circumstances
punished
need
exercise
discretion
undue
timidity
referring
wood
strickland
donaldson
stated
decision
relevant
question
jury
whether
knew
reasonably
known
action
took
within
sphere
official
responsibility
violate
constitutional
rights
donaldson
took
action
malicious
intention
cause
deprivation
constitutional
rights
injury
donaldson
see
supra
access
courts
mails
constitutionally
protected
since
ex
parte
hull
held
state
constitutionally
refuse
mail
prisoner
inartful
pleadings
courts
johnson
avery
recognized
right
access
courts
included
right
access
legal
assistance
johnson
held
absence
alternative
sources
assistance
prisoners
must
allowed
consult
inmate
younger
gilmore
summarily
affirmed
decision
ordering
california
department
corrections
heed
johnson
decision
abandon
prison
rule
making
difficult
inmates
get
legal
help
see
gilmore
lynch
supp
nd
cal
time
acts
question
right
access
courts
clearly
included
right
communicate
legal
assistance
groups
law
students
johnson
avery
clearly
stands
general
proposition
inmate
right
access
involves
corollary
right
obtain
assistance
preparing
communication
given
corollary
right
fail
see
state
least
absence
countervailing
interest
appearing
prevent
inmate
seeking
legal
assistance
bona
fide
attorneys
working
organization
civil
liberties
union
nolan
scafati
omitted
although
navarette
longer
relies
access
rights
establish
defendants
liability
ante
surely
may
attempt
prove
violation
rights
rebut
claim
good
faith
license
taken
normal
pleading
requirements
perhaps
best
illustrated
grant
immunity
defendant
procunier
director
state
department
corrections
filed
neither
answer
affidavit
record
shows
procunier
may
expressly
advised
counsel
mail
regulations
unconstitutionally
enforced
despite
advice
may
deliberately
instructed
subordinates
punish
uniquely
bothersome
even
remote
possibility
must
considered
summary
judgment
approved
judge
aldrich
put
even
andabata
holds
field
someone
comes
forward
defeat
mack
cape
elizabeth
school