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O'KEEFE v. VAN BOENING

No. 94-35845.

82 F.3d 322 (1996)

Timothy Dale O'KEEFE, Plaintiff-Appellee, v. Ronald VAN BOENING, WSP Associate Superintendent; James Spalding, Director DOP; Carol A. Murphy, Assistant Attorney General of Washington, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 30, 1996.

Attorney(s) appearing for the Case

Douglas W. Carr, Assistant Attorney General, Olympia, Washington, for defendants-appellants.

Erika Balasz, Lukins & Annis, Spokane, Washington, for plaintiff-appellee.

Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges.

BOOCHEVER, Circuit Judge:

A state prisoner sued various prison officials pursuant to 42 U.S.C. § 1983 (1988), alleging that the prison's mail policy violated his First Amendment right to seek redress for grievances. Under the prison's mail policy, "legal mail," although broadly defined, does not include grievances sent by prisoners to some state agencies or officials. Consequently, for the purpose of inspecting for contraband...

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