USCA1 Opinion

[NOT FOR PUBLICATION]

___________________
No. 94-1363
JERRY WILLIAM WEBER,
Plaintiff, Appellant,
v.
MARTIN A. MAGNUSSON,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Eugene W. Beaulieu, U.S. Magistrate Judge]
_____________________
____________________
Before
Selya, Cyr and Boudin,
Circuit Judges.
______________
____________________
Jerry William Weber on brief pro se.
___________________
Michael
E. Carpenter,
Attorney General,
_______________________
Assistant Attorney General, on brief for appellee.
____________________
September 2, 1994

and

Diane Sle
__________

____________________

Per Curiam.
___________
Weber,

a Maine

Plaintiff-appellant

inmate,

filed a

district court, pursuant to 42

A.

Magnusson, the

warden of

the Maine

Appellee

summary judgment with respect

1994,

a magistrate

We

in

the

1983, against Martin

State Prison.

The

equal protection under the

Magnusson filed a motion for

to both claims.

judge ("magistrate")

motion in its entirety.

William

Weber's right to free speech

the First Amendment and to

Fourteenth Amendment.

se complaint

U.S.C.

complaint alleges violations of

under

pro

Jerry

On

March 16,

granted appellee's

This appeal followed.

have reviewed the briefs of the parties and the

record on appeal.

We affirm the grant of summary judgment in

favor of appellee

on the free

the reasons stated

by the

grant of summary judgment

protection claim.

speech claim for

magistrate.

We

essentially

also affirm

in favor of appellee on

the

the equal

Based on the undisputed facts, we think it

is plain that the challenged regulation is reasonably related

to a legitimate penal interest.
Weber's

affidavit and

whether

child

documentary evidence

molesters

as

differently

from murderers

demonstrate

that

treatment

is

Moreover, to the extent that

the

group

by prison

explanation

rational

and

are

raise

an issue

being

treated

officials, they

for this

reasonably

difference

related to

appellee is

in

Maine's

proper interest in protecting the security of inmates.

the circumstances,

also

entitled to judgment

Under
on the

-2-

equal protection
Pinion, 953
______
"[t]he

state

distinctive

claim as a

F.2d

74, 81

may
factual

apply

matter of

(4th
the

law.

Cir. 1991)
law

circumstances

See O'Bar
___ _____
(observing

differently
if

the

v.
that

based

on

distinction

is

rationally related to a legitimate governmental purpose").

Affirmed.
_________

-3-