PRISON LEGAL NEWS v. SCHWARZENEGGER

No. 09-15006.

608 F.3d 446 (2010)

PRISON LEGAL NEWS, Plaintiff-Appellee, v. Arnold SCHWARZENEGGER, Governor of the State of California; James E. Tilton, Secretary; Kingston Prunty; Steve Kessler; Scott Kernan; Le Ann Chrones; Marisela Montes, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2010.


Attorney(s) appearing for the Case

Emily L. Brinkman, Deputy Attorney General, San Francisco, CA, argued the cause for the defendants-appellants and filed the briefs. Edmund G. Brown Jr., Attorney General, Jonathan L. Wolff, Senior Assistant Attorney General, and Michael W. Jorgenson, Supervising Deputy Attorney General, were also on the briefs.

Ernest Galvan, of Rosen, Bien & Galvan, LLP, San Francisco, CA, argued the cause for the plaintiff-appellee. Sanford Jay Rosen, of Rosen, Bien & Galvan, LLP, filed a brief. Kenneth M. Walczak and Blake Thompson, of Rosen, Bien & Galvan, LLP, were also on the brief.

George C. Harris, of Morrison & Foerster LLP, San Francisco, CA, filed a brief on behalf of Columbia Legal Services, Florida Justice Institute, Inc., Legal Aid Society, Massachusetts Correctional Legal Services, Inc., National Center for Youth Law, National Police Accountability Project, Prisoners' Legal Services of New York, Southern Poverty Law Center, Uptown People's Law Center, and Volunteer Lawyers' Project for the Southern District of Florida as amici curiae in support of the plaintiff-appellee and in support of affirmance. Sarah E. Griswold, of Morrison & Foerster LLP, was also on the brief.

Before: DIARMUID F. O'SCANNLAIN, ROBERT E. COWEN, and JOHNNIE B. RAWLINSON, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether, and to what extent, the publisher of a monthly prison news magazine may recover attorneys' fees from the State of California and various of its officers for monitoring their compliance with a settlement agreement resolving claims about prison conditions.

I

A

Prison Legal News ("PLN") is a nonprofit charitable organization based in Seattle, Washington. PLN publishes Prison Legal News...

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