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MAURO v. ARPAIO

No. 97-16021.

147 F.3d 1137 (1998)

Jonathan D. MAURO, Plaintiff-Appellant, v. Joseph M. ARPAIO, Sheriff; Maricopa County, a political subdivision of the State of Arizona, Defendants-Appellees. Arizona Civil Liberties Union, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1998.

As Amended September 1, 1998.

Attorney(s) appearing for the Case

Nicholas S. Hentoff, Phoenix, Arizona, for plaintiff-appellant.

Daniel P. Struck, Jones, Skelton & Hochuli, Phoenix, Arizona, for defendants-appellees.

Before: FLETCHER, D.W. NELSON and BEEZER, Circuit Judges.

FLETCHER, Circuit Judge:

Jonathan Mauro appeals the district court's dismissal of his 42 U.S.C. § 1983 claim. The district court held that the Maricopa County prison system's policy prohibiting inmates from possessing "sexually explicit" materials does not violate the First Amendment. The County defines "sexually explicit" material as that containing any graphic representation of frontal nudity. The district court held that the policy was constitutional both...

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