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MANGIARACINA v. PENZONE

No. 14-15271.

849 F.3d 1191 (2017)

Nick MANGIARACINA, Plaintiff-Appellant, v. Paul PENZONE; Craig Garcia, named as: Sgt. Garcia #A7747; Unknown Hansen, Officer of the MCSO; Eddie De La Rosa, Sgt./A7779; Anthony Mank, Sgt./A4767; John Beddome, Sgt. /A4986; Jesse Nyland, Inmate Classification/A7875; Dean Wagner, Inmate Classification/A5441; Unknown Harmon, named as Captain Harmon; Unknown Garcia, named as Lt. Garcia #A4226; Bill Williams, External Reffern; Unknown Wade, named as BHO Sgt. Wade; Unknown Parties, named as John/Jane Does 1-10 Mesa Police Department and John/Jane Does 1-100 County of Maricopa; Unknown Party, named as MCSO BHO on Grevince #12-03278; Maricopa County, County of Maricopa John/Jane 1-100 Defendant; Unknown Parties, John Doe #1, John Does #3-14; Unknown Capanaro, Captain at 4th Avenue Jail in April 2012; MCSO SMURC Board, John and Jane Does 15-20, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2017.

Attorney(s) appearing for the Case

Harry Williams IV (argued), Law Office of Harry Williams, Seattle, Washington, for Plaintiff-Appellant.

James Kenneth Mangum (argued), Deputy County Attorney; William G. Montgomery , County Attorney; Civil Services Division, Maricopa County Attorney's Office, Phoenix, Arizona; for Defendants-Appellees.

Corene Kendrick and Donald Specter , Prison Law Office, Berkeley, California; David M. Porter , Co-Chair, NADCL Amicus Committee, National Association of Criminal Defense Lawyers, Sacramento, California; for Amici Curiae National Association of Criminal Defense Lawyers, Arizona Attorneys for Criminal Justice, Prison Law Office, American Civil Liberties Union, and ACLU of Arizona.

Concurrence by Judge Bybee

OPINION

Nick Mangiaracina appeals the dismissal of his First and Sixth Amendment claims arising from jail employees opening legal mail outside his presence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm in part, reverse in part, and remand.

I.

At the time of the events described...

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