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PRISON LEGAL NEWS v. LEHMAN

Nos. 03-35608, 04-35185.

397 F.3d 692 (2005)

PRISON LEGAL NEWS, a Washington corporation; Rollin A. Wright, Plaintiffs-Appellees, v. Joseph LEHMAN, in his official and individual capacities; Eldon Vail, in his official and individual capacities; Carol Porter, in her official and individual capacities; James Blodgett, Superintendent, in his official and individual capacities; Kay Walter, in her official and individual capacities; Alice Payne, in her official and individual capacities; Maggie Miller-Stout, in her official and individual capacities; Richard Morgan, in his official and individual capacities; Bob Moore, in his official and individual capacities; John Lambert, in his official and individual capacities; Doug Waddington, in his official and individual capacities; Belinda D. Stewart, in her official and individual capacities, Defendants-Appellants. Prison Legal News, a Washington corporation; Rollin A. Wright, Plaintiffs-Appellants, v. Joseph Lehman, in his official and individual capacities; Eldon Vail, in his official and individual capacities; Carol Porter, in her official and individual capacities; James Blodgett, Superintendent, in his official and individual capacities; Kay Walter, in her official and individual capacities; Alice Payne, in her official and individual capacities; Maggie Miller-Stout, in her official and individual capacities; Richard Morgan, in his official and individual capacities; Bob Moore, in his official and individual capacities; John Lambert, in his official and individual capacities; Doug Waddington, in his official and individual capacities; Belinda D. Stewart, in her official and individual capacities; Scott Frakes, in his official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2005.

Attorney(s) appearing for the Case

Shannon Elizabeth Inglis and Carol A. Murphy, Office of the Washington Attorney General, Olympia, WA, for the defendants-appellants.

Jesse Andrew Wing, Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, WA, for the plaintiffs-appellees.

Joseph E. Bringman, Perkins Coie LLP, Seattle, WA, for amicus American Civil Liberties Union of Washington.

Steven R. Powers, Office of the Oregon Attorney General, Salem, OR, for the amicus.

Before: ALARCON, W. FLETCHER, and RAWLINSON, Circuit Judges.

ALARCÓN, Circuit Judge.

The Washington Department of Corrections ("DOC") appeals from the grant of summary judgment and permanent injunctive relief on Prison Legal News and Rollin A. Wright's (collectively "PLN") claim that the DOC prohibition against the receipt by inmates of non-subscription bulk mail and catalogs violates the First and Fourteenth Amendments. The thirteen individual defendants ("prison officials")...

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