BLAISDELL v. FRAPPIEA

No. 10-16845.

729 F.3d 1237 (2013)

Richard H. BLAISDELL, Plaintiff-Appellant, v. C. FRAPPIEA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2013.


Attorney(s) appearing for the Case

Dawn Sestito , O'Melveny & Myers LLP, Los Angeles, CA, argued the cause and filed the briefs for the plaintiff-appellant. Mica Doctoroff , UCLA School of Law Ninth Circuit Clinic, Los Angeles, CA, also argued the cause for the plaintiff-appellant. With them on the briefs was Katharine S. Mercer , O'Melveny & Myers LLP, Los Angeles, CA.

Nicholas D. Acedo , Struck Wieneke & Love, P.L.C., Chandler, AZ, argued the cause and filed a supplemental brief for the defendant-appellee. With him on the brief was Daniel P. Struck , Struck Wieneke & Love, P.L.C, Chandler, AZ. Jaleh Najafi , Jones, Skelton & Hochuli, P.L.C, Phoenix, AZ, filed the original brief for the defendant-appellant. With him on the brief were Eileen Dennis GilBride , Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, and Daniel P. Struck , Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.


OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether an inmate engaged in constitutionally protected activity when he served a prison official with a summons and complaint on another inmate's behalf.

I

A

The State of Hawaii contracts with the Corrections Corporation of America ("CCA") to house some of its prisoners within the Saguaro Correctional Center, a privately operated prison...

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