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JACKLOVICH v. SIMMONS

Nos. 03-3227 to 03-3230.

392 F.3d 420 (2004)

Joseph E. JACKLOVICH, Sr.; Prison Legal News, Inc.; Kris Zimmerman, Plaintiffs-Appellants, v. Charles E. SIMMONS, Secretary of Corrections for the State of Kansas; William L. Cummings, Secretary Designate, Kansas Department of Corrections; Louis E. Bruce, Warden of the Hutchinson Correctional Facility; Patricia Keen, OAIV Mail Room Supervisor of the Hutchinson Correctional Facility, individually and in their official capacities, Defendants-Appellees. American Civil Liberties Union of Kansas and Western Missouri, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 21, 2004.

Attorney(s) appearing for the Case

Bruce Plenk, (Max Kautsch with him on the brief) Law Office of Bruce Plenk, Lawrence, KS, for Plaintiffs-Appellants.

Timothy G. Madden, Senior Counsel to the Secretary, Kansas Department of Corrections, Topeka, KS, for Defendants-Appellees.

J. Patrick Sullivan, Shook, Hardy & Bacon, L.L.P., Kansas City MO, filed an amicus brief for the American Civil Liberties Union of Kansas and Western Missouri, on behalf of Plaintiffs-Appellants.

Before KELLY, HENRY, and HARTZ, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiffs-Appellants Prison Legal News ("PLN") and Kansas Department of Corrections ("KDOC") inmates Kris Zimmerman and Joseph E. Jacklovich, appeal from the district court's summary judgment in favor of Defendants-Appellees, KDOC corrections officials. The KDOC has promulgated various regulations and policies that (1) provide a $30 per month limit on outgoing inmate funds for books, newspapers and periodicals, subject to exceeding...

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