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JONES v. SALT LAKE COUNTY

Nos. 04-4185, 04-4186.

503 F.3d 1147 (2007)

Paul B. JONES, individually and on behalf of a class of similarly situated individuals, Plaintiff-Appellant, v. SALT LAKE COUNTY, a body politic and corporate of the State of Utah; Aaron Kennard, Salt Lake County Sheriff; Paul Cunningham, Captain, Salt Lake County Metro Jail; John Merrick, Lieutenant, Salt Lake County Metro Jail, Defendants-Appellees. Prisoner's Legal News, a nonprofit Washington corporation, Plaintiff-Appellant, v. Pete Haun, Executive Director, Utah Department of Corrections; Fred H. Vanderveur, Director, Institutional Operations, Division of Institutional Operations, Utah Department of Corrections; Kerry Galetka; Bryant Herman, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 28, 2007.

Attorney(s) appearing for the Case

Brian M. Barnhard (James L. Harris, Jr. with him on the briefs), Utah Legal Clinic, Salt Lake City, UT, for Plaintiffs-Appellants.

Nicholas M. D'Alesandro, Deputy District Attorney (David E. Yocom, District Attorney for Salt Lake County, and John P. Soltis, Deputy District Attorney, with him on the brief) Office of the District Attorney for Salt Lake County, Salt Lake City, UT, for Defendants-Appellees Salt Lake County, Kennard, Cunningham and Merrick.

Brent A. Burnett, Assistant Attorney General (Mark L. Shurtleff, Attorney General, and Alain C. Balmanno, Assistant Attorney General, with him on the brief) Office of the Attorney General for the State of Utah, Salt Lake City, UT, for Defendants-Appellees Haun, Vanderveur, Galetka and Herman.

Before TACHA, Chief Judge, McWILLIAMS and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

The district court considered complaints from eleven inmate plaintiffs, including Paul B. Jones, and one corporate plaintiff, Prisoner's Legal News (PLN). The eleven inmate plaintiffs were all incarcerated at either the Utah State Prison, the Salt Lake County Jail or the San Juan County Jail. The inmates and PLN filed several lawsuits against these facilities' officers challenging the constitutionality of their

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