NORDSTROM v. RYAN

No. 16-15277.

856 F.3d 1265 (2017)

Scott D. NORDSTROM, Plaintiff-Appellant, v. Charles L. RYAN, Director of ADOC; A. Ramos, Deputy Warden; F. Hawthorne, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2017.


Attorney(s) appearing for the Case

Gregory C. Sisk (argued), Attorney; Bridget A. Duffus and Katherine J. Koehler , Certified Law Student Representatives; Appellate Clinic, University of St. Thomas School of Law, Minneapolis, Minnesota; for Plaintiff-Appellant.

Neil Singh (argued), Assistant Attorney General; Mark Brnovich , Arizona Attorney General; Office of the Attorney General, Phoenix, Arizona; for Defendants-Appellees.

Robin E. Wechkin , Vice Chair, 9th Circuit Amicus Committee, National Association of Criminal Defense Lawyers, Sidley Austin LLP, Seattle, Washington; Elliot Dolby Shields , Chair, Civil Rights & Liberties Committee, New York County Lawyers Association, New York, New York; for Amici Curiae New York County Lawyers Association and National Association of Criminal Defense Lawyers.

Bryan A. Stevenson and Benjamin H. Schaefer , Montgomery, Alabama, as and for Amicus Curiae Equal Justice Initiative.

Kelly A. Kszywienski , Snell & Wilmer LLP, Phoenix, Arizona; Lawrence Fox , Yale Law School, New Haven, Connecticut; for Amicus Curiae Ethics Bureau at Yale.

Before: RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges, and RALPH R. ERICKSON, District Judge.


OPINION

Scott Nordstrom, a death row inmate in Arizona state prison, appeals the district court's dismissal of his claims that the Arizona Department of Corrections (ADC) policy and practice for inspecting inmates' outgoing legal mail violates his Sixth and First Amendment rights. We hold that ADC's current "inspection...

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