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WHITMIRE v. ARIZONA

No. 00-16896.

298 F.3d 1134 (2002)

Karl WHITMIRE, Plaintiff-Appellant, v. State of ARIZONA; Arizona Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2002.

Attorney(s) appearing for the Case

Courtney Joslin, San Francisco, CA, and Martha Matthews, Los Angeles, CA, for the plaintiff-appellant.

Daniel P. Schaack, Assistant Attorney General, Phoenix, AZ, for the defendants-appellees.

Before HUG, and TASHIMA, Circuit Judges, and SEDWICK, District Judge.

OPINION

TASHIMA, Circuit Judge.

Karl Whitmire ("Whitmire") appeals the district court's dismissal of his constitutional equal protection claim, brought against the Arizona Department of Corrections ("ADOC"), which prohibits same-sex kissing and hugging during prison visits, unless the visitors are members of the inmate's family. The ADOC asserted, without corroborating evidence, that the visitation policy furthered the legitimate penological interest of...

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