BANKS v. BEARD

No. 03-1245.

399 F.3d 134 (2005)

Ronald BANKS, for himself and on behalf of all similarly situated prisoners who are confined or will be confined in Long Term Segregation Units of State Prisons located in the Western Judicial District of Pennsylvania, Appellant, v. Jeffrey BEARD, in his official capacity as Secretary of the Pennsylvania Department of Corrections.

United States Court of Appeals, Third Circuit.

February 25, 2005.


Attorney(s) appearing for the Case

Jere Krakoff [Argued], PA I.D. No. 13701, Pittsburgh, for Appellants.

D. Michael Fisher, Attorney General, Kemal Alexander Mericli [Argued], Senior Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr III, Chief Deputy Attorney General, Appellate Litigation Section, Office of Attorney General, Pittsburgh. for Appellee.

Before ALITO, FUENTES, and ROSENN, Circuit Judges.


ALITO, Circuit Judge, dissenting.

OPINION OF THE COURT

FUENTES, Circuit Judge.

Ronald Banks, on behalf of himself and all other Level 2 prisoners confined in the Long Term Segregation Unit ("LTSU") of the State Correctional Institution at Pittsburgh ("SCI Pittsburgh"), challenges the constitutionality of the Pennsylvania Department of Corrections' ("DOC") policy banning access to newspapers, magazines and photographs for Level 2 inmates, arguing...

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