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PRISON LEGAL NEWS v. EXEC. OFFICE FOR U.S. ATTYS.

No. 09-1511.

628 F.3d 1243 (2011)

PRISON LEGAL NEWS, Plaintiff-Appellant, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Defendant-Appellee. 60 Minutes, The Associated Press, Westword, The American Society of News Editors, The Association of Capitol Reporters and Editors, The Society of Professional Journalists, and The American Civil Liberties Union of Colorado, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 11, 2011.

Attorney(s) appearing for the Case

Gail K. Johnson , Johnson & Brennan, PLLC, Boulder, CO, for Appellant.

Jonathan H. Levy , Appellate Attorney, Civil Division ( Tony West , Assistant Attorney General, David M. Gaouette , United States Attorney, and Douglas N. Letter , Appellate Attorney, Civil Division, with him on the brief), Department of Justice, Washington, D.C., for Appellee.

Mark G. Walta , Walta, Gehring, Harms & Dingle LLC, Denver, CO, and Scott L. Shuchart , Jerome N. Frank Legal Services Organization, Yale Law School, New Haven, CT, on the brief for Amici Curiae.

Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Prison Legal News ("PLN") appeals the partial grant of summary judgment to the Executive Office for United States Attorneys ("EOUSA") exempting from mandatory disclosure under the Freedom of Information Act ("FOIA") video depicting the aftermath of a brutal prison murder and autopsy photographs of the victim. Exercising jurisdiction under 28 U.S.C. § 1291, this court DISMISSES AS MOOT the portion of...

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