NORDSTROM v. RYAN

No. 12-15738.

762 F.3d 903 (2014)

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 August 11, 2014.


Attorney(s) appearing for the Case

Michelle King (argued) and Joy Nissen (argued), Certified Law Student Representatives, and Gregory C. Sisk , Supervising Attorney, University of St. Thomas School of Law Appellate Clinic, Minneapolis, MN; Mason Boling and Lauren E. Murphy , Certified Law Student Representatives, and Dustin E. Buehler , Supervising Attorney, University of Arkansas Federal Appellate Litigation Project, Fayetteville, AR, for Plaintiff-Appellant.

Thomas C. Horne , Attorney General, and Neil Singh (argued), Assistant Attorney General, Office of the Arizona Attorney General, Phoenix, AZ, for Amicus Curiae the State of Arizona.

Donald Specter and Corene Kendrick , Prison Law Office, Berkeley, CA, for Amici Curiae American Civil Liberties Union, Prison Law Office, and Arizona Center for Disability Law.

Amy Armstrong and Natman Schaye , Tucson, AZ, for Amicus Curiae Arizona Capital Representation Project.

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

Bryan A. Stevenson , Carla C. Crowder , and Benjamin H. Schaefer , Montgomery, AL, for Amicus Curiae the Equal Justice Initiative.

Dissent by Judge BYBEE.


OPINION

SILVERMAN, Circuit Judge:

Plaintiff-Appellant Scott Nordstrom is on death row in the Arizona State Prison. He alleges that when he sought to send a confidential letter — "legal mail" — to his lawyer, a prison guard actually read the letter, instead of merely scanning and inspecting the letter for contraband. He claims that when he protested to the guard that the letter was a confidential attorney-client communication and should...

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