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HAYES v. IDAHO CORRECTIONAL CENTER

No. 14-35078.

849 F.3d 1204 (2017)

Michael T. HAYES, Plaintiff-Appellant, v. IDAHO CORRECTIONAL CENTER; Idaho Department of Corrections; Shannon Cluney; Lisa Burke; Jane Does, 1-3, 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.

Jacob H. Naylor (argued) and Kirtlan G. Naylor , Naylor & Hales P.C., Boise, Idaho, for Defendants-Appellants Idaho Correctional Center and Lisa Burke.

Leslie M. Hayes (argued), Deputy Attorney General; Steven L. Olsen , Chief of Civil Litigation; Lawrence G. Wasden , Attorney General; Office of the Attorney General, Boise, Idaho; for Defendants-Appellees Idaho Department of Corrections and Shannon Cluney.

Concurrence by Judge Bybee

OPINION

Michael T. Hayes appeals the dismissal of his First Amendment challenge to prison officials opening his legal mail outside his presence. Hayes's complaint alleged four instances of prison employees delivering legal mail addressed to Hayes that had been opened before delivery. The complaint also alleged that...

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