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ABU-JAMAL v. PRICE

No. 96-3756.

154 F.3d 128 (1998)

Mumia ABU-JAMAL, Appellant v. James PRICE, in his official capacity as Superintendent of the State Correctional Institution at Greene; Martin Horn, in his official capacity as Commissioner of the Pennsylvania Department of Corrections; Thomas Fulcomer, in his official capacity as Deputy Commissioner of the Pennsylvania Department of Corrections

United States Court of Appeals, Third Circuit.

Decided August 25, 1998.

Attorney(s) appearing for the Case

Timothy P. O'Brien, Mitchell, O'Brien & Krakoff, Pittsburgh, PA; Jere Krakoff (Argued), Pennsylvania Institutional Law Project, Pittsburgh, PA, for Appellant.

Amy Zapp (Argued), Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA; Thomas F. Halloran, Jr., Office of Attorney General of Pennsylvania, Pittsburgh, PA, for Appellees.

Before: NYGAARD, ALITO, and LAY, Circuit Judges

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Appellant Mumia Abu-Jamal was convicted of murdering a Philadelphia police officer and is currently on death row at the State Correctional Institute at Greene. The Pennsylvania Department of Corrections has a rule that prohibits inmates from carrying on a business or profession. Jamal alleges that this rule is unconstitutional and that the Department used this rule as a pretext to retaliate against him for the...

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