MAURO v. ARPAIO

No. 97-16021.

188 F.3d 1054 (1999)

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

United States Court of Appeals, Ninth Circuit.

Filed August 17, 1999.


Attorney(s) appearing for the Case

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

Daniel P. Struck and David C. Lewis, Jones, Skelton & Hochuli, Phoenix, Arizona, for the defendants-appellees.

Before: HUG, Chief Judge, SCHROEDER, FLETCHER, BRUNETTI, FERNANDEZ, RYMER, T.G. NELSON, KLEINFELD, TASHIMA, THOMAS and WARDLAW, Circuit Judges.


Opinion by Judge T.G. NELSON; Dissents by Judge SCHROEDER, FLETCHER and KLEINFELD.

T.G. NELSON, Circuit Judge:

This case concerns the constitutionality of a policy issued by Joseph M. Arpaio, in his capacity as Maricopa County Sheriff, prohibiting inmates from possessing "sexually explicit material." Jonathan Mauro, an inmate in the Maricopa County jail system, filed an action under 42 U.S.C. § 1983 claiming that the policy infringed on his First Amendment...

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