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HRDLICKA v. RENIFF

Nos. 09-15768, 09-16956.

631 F.3d 1044 (2011)

Ray HRDLICKA, an individual; Crime, Justice & America, Inc., a California corporation, Plaintiffs-Appellants, v. Perry L. RENIFF, in his official capacity of Sheriff of the County of Butte, California, Defendant-Appellee. Ray Hrdlicka, an individual; Crime, Justice & America, Inc., a California corporation, Plaintiffs-Appellants, v. John McGinness, Sacramento County Sheriff, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2011.

Attorney(s) appearing for the Case

Andrew Alexander Dosa , Alameda, CA, Spencer D. Freeman , Tacoma, WA, for the appellants.

Bradley Justin Stephens , Office of the County Counsel, Oroville, CA, for appellee Perry Reniff.

Amanda Lynn Butts , Jeri Lynn Pappone , Longyear O'Dea and Lavra, Sacramento, CA, for appellee John McGinness.

Paul R. Coble , Martin J. Mayer , Jones & Mayer, Fullerton, CA, for Amicus Curiae.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge N.R. SMITH.

OPINION

W. FLETCHER, Circuit Judge:

Plaintiffs, Ray Hrdlicka and his publication Crime, Justice & America ("CJA"), brought two suits claiming that their First Amendment rights are being violated by the mail policies at two county jails in California that refuse to distribute unsolicited copies of CJA to inmates. The district courts in each case granted summary judgment to defendants after applying the four-factor test of Turner v. Safley, ...

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