Edward B. Spencer v. J. Jasso

CourtDistrict Court, E.D. California
DecidedDecember 18, 2025
Docket1:20-cv-00909
StatusUnknown

This text of Edward B. Spencer v. J. Jasso (Edward B. Spencer v. J. Jasso) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edward B. Spencer v. J. Jasso, (E.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD B. SPENCER, Case No. 1:20-cv-00909-JLT-HBK (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANT’S MOTION FOR 13 v. SUMMARY JUDGMENT1 14 J. JASSO, FOURTEEN-DAY OBJECTION PERIOD 15 Defendant. (Doc. No. 31) 16 17 This case was reassigned to the undersigned on July 3, 2025. (Doc. No. 62). Pending 18 before the Court is Defendant’s Motion for Summary Judgment filed on November 27, 2023. 19 (Doc. No. 31, “MSJ”). Finding no material facts in dispute, the undersigned recommends that the 20 district court grant Defendant’s MSJ on Plaintiff’s First and Fourteenth Amendment claims for 21 the reasons set forth below. 22 I. BACKGROUND 23 A. Procedural History and Allegations in Operative Complaint 24 On June 30, 2020, Plaintiff Edward Spencer initiated this action stemming from events 25 that occurred while he was confined at the California Department of Corrections and 26 Rehabilitation (“CDCR”) Substance Abuse Treatment Facility and State Prison (“SATF”). (Doc. 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 28 (E.D. Cal. 2025). 1 No. 1). On October 18, 2021, Plaintiff filed his First Amended Complaint. (Doc. No. 12,

2 “FAC”). On January 9, 2023, the previously assigned magistrate judge recommended that this

3 action proceed solely against Defendant Jasso on: (1) Plaintiff’s First Amendment retaliation

4 claim, (2) Plaintiff’s First Amendment withholding of mail claim; and (3) Plaintiff’s Fourteenth

5 Amendment due process claim related to his withholding of mail without notice. (Doc. No. 15).

6 On January 17, 2023, Plaintiff filed a notice electing to proceed solely on the three above claims

7 found cognizable. (Doc. No. 16). On February 2, 2023, the District Judge adopted the

8 magistrate’s findings and recommendations in full. (Doc. No. 17).

9 In his FAC, Plaintiff alleges that while housed at SATF, Defendant J. Jasso, a mailroom

10 employee at SATF, violated his constitutional rights by retaliating against him for filing 11 grievances and by withholding his mail. (Doc. 12 at 7–9, 13–15). Plaintiff further claims Jasso 12 violated his due process rights because the withholding of his mail violated Title 15 § 3133(a)(1), 13 which requires delivery of First-Class mail within seven calendar days of receipt. (Id. at 10–12). 14 In support of his claims, Plaintiff states he submitted an inmate grievance against 15 mailroom staff and custody officials on March 25, 2019, and afterwards, Defendant Jasso began 16 delaying his incoming and outgoing mail without justification. (Id. at 8–9, 16). Between 17 September 4, 2019, and March 27, 2020, Plaintiff identified 19 instances of mail being withheld 18 for periods ranging from 16 to 127 days, in violation of Title 15. (Id. at 10–12). Plaintiff alleged 19 that 15 of the delayed envelopes bore Jasso’s signature but lacked a received date, evidencing 20 Jasso’s direct involvement. (Id. at 10–11). Plaintiff also claimed that the delay of his mail by 21 Jasso was retaliatory, citing statements criticizing Plaintiff for filing appeals that inmate Robert 22 Miller overheard from Library Technical Assistant, L. Lima. (Id. at 8, 35–36). As relief, Plaintiff 23 sought compensatory and punitive damages. (Id. at 16). 24 B. The Operative Pleadings 25 On November 27, 2023, Defendant filed her MSJ. (Doc. No. 31). Supporting her MSJ, 26 Defendant submits: (1) a memorandum of points and authorities (Doc. No. 31-2); (2) a statement 27 of 36 undisputed material facts (Doc No. 31-1); (3) the declaration of J. Jasso (Doc. No. 31-3); (4) 28 the declaration of L. Drapper (Doc. No. 31-4); (5) the declaration of K. Huffman (Doc. No. 31-5); 1 and (6) the declaration of Alexandria Faura (Doc. No. 31-6).

2 Defendant argues Plaintiff cannot establish a basis for a claim under § 1983 against

3 Defendant Jasso because there is no evidence that Defendant Jasso took any affirmative acts or

4 failed to act in a way that she was legally required to in connection with Plaintiff’s mail. First,

5 Defendant points out that Plaintiff’s First Amendment mail claim is supported only by evidence

6 that Defendant Jasso’s signature was on three envelopes of mail that were delayed, but ultimately

7 received by Plaintiff. Second, Defendant contends that Plaintiff cannot establish that any of

8 Defendant Jasso’s actions were taken in retaliation because: (1) there is no evidence to suggest

9 that Defendant had prior knowledge of Plaintiff’s grievances; and (2) Plaintiff’s grievances

10 relating to the delay of his mail were submitted after the date Plaintiff alleges Defendant began 11 withholding his mail. Thus, Plaintiff’s grievances could not serve as the protected activity that 12 allegedly precipitated the delay of his mail. Finally, as to his due process claim, Plaintiff cannot 13 establish that his mail was withheld pursuant to any policy or course of conduct by Defendant 14 Jasso. Nor is there any evidence to suggest the delay in Plaintiff’s mail was caused by any 15 actions taken by Defendant Jasso, intentional or unintentional. Without any evidence to suggest 16 Plaintiff’s mail was withheld as opposed to delayed by Defendant Jasso or any other prison 17 official, Plaintiff cannot demonstrate that he was entitled to receive notice. Finally, Defendant 18 Jasso asserts an entitlement to qualified immunity. 19 On December 29, 2023, Plaintiff filed his Opposition. (Doc. No. 36). In support, Plaintiff 20 submits: (1) a memorandum of points and authorities (id. at 2–6); (2) a response to Defendant’s 21 undisputed material facts (id. at 7–8); (3) a statement of undisputed material facts (id. at 9–10); 22 (4) Plaintiff’s own declaration (id. at 11-12); (5) the declaration of inmate Robert Miller (id. at 23 21-22); and (6) grievance appeals, letters, and an excerpt of the California Code of Regulations, 24 Title 15. (id. at 14-41). Plaintiff admits to all but seven of Defendant’s 36 undisputed facts. In 25 support of his retaliation claim, Plaintiff contends he first complained about the delay in his mail 26 earlier than Defendant claims and submits a July 28, 2019 grievance (Appeal SATF-F-19-06288) 27 he lodged against non-party Lt. D. Lopez as evidence (Doc. No. 36 at 15) as well as the 28 declaration of inmate Miller who attests to overhearing a statement attributed to Jasso from 1 another correctional official, L. Lima (Doc. No. 36 at 21-22).

2 Thereafter, Defendant filed a Reply in Support of her MSJ. (Doc. No. 43). Defendant

3 submits the declaration of counsel along with copies of Plaintiff’s responses to discovery (Doc.

4 No. 43-1), and Defendant’s response and/or objections to certain evidence submitted by Plaintiff

5 in his opposition. (Doc. No. 43-2). Defendant notes that Plaintiff does not cite to any evidence as

6 to the facts he disputes, other than to one of the contested facts regarding his retaliation claim. As

7 to the newly identified grievance Plaintiff lodged against non-defendant Lt. Lopez, in addition to

8 it contradicting Plaintiff’s sworn responses to discovery, Defendant argues that there is no

9 evidence that Jasso was aware of this earlier grievance against Lt. Lopez. Finally, Defendant

10 objects to inmate Miller’s statements attributed to Jasso by another correctional official as 11 inadmissible hearsay. 12 II. Summary Judgment Standard 13 The “purpose of summary judgment is to pierce the pleadings and to assess the proof in 14 order to see whether there is a genuine need for trial.” Matsushita Elec. Indus. Co. Ltd. v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Amato v. Securities & Exchange Commission
18 F.3d 1281 (Fifth Circuit, 1994)
Board of Regents of State Colleges v. Roth
408 U.S. 564 (Supreme Court, 1972)
Rodriguez v. Popular Democratic Party
457 U.S. 1 (Supreme Court, 1982)
Malley v. Briggs
475 U.S. 335 (Supreme Court, 1986)
Sandin v. Conner
515 U.S. 472 (Supreme Court, 1995)
Lewis v. Casey
518 U.S. 343 (Supreme Court, 1996)
Swierkiewicz v. Sorema N. A.
534 U.S. 506 (Supreme Court, 2002)
Scott v. Harris
550 U.S. 372 (Supreme Court, 2007)
Albiston v. Maine Commissioner of Human Services
7 F.3d 258 (First Circuit, 1993)
United States v. Meada
408 F.3d 14 (First Circuit, 2005)
Hovater v. Robinson
1 F.3d 1063 (Tenth Circuit, 1993)
Ronald Reynolds v. D. Potts
8 F.3d 29 (Ninth Circuit, 1993)
United States v. Dana Troy Andress
47 F.3d 839 (Sixth Circuit, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
Edward B. Spencer v. J. Jasso, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-b-spencer-v-j-jasso-caed-2025.