Donald York EVANS, Plaintiff, and
John Witherow, Plaintiff-Appellant,
v.
Howard SKOLNIK; Don Helling; William Donat; Brian Henley, Defendants,
Inmate Calling Solutions; Embarq; Global Tel Link, Defendants, and
Lea Baker, Defendant-Appellee,
I. Connally, [376] Suggestion of Death, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 22, 2020 San Francisco, California.
Filed May 18, 2021.
Attorney(s) appearing for the Case
Anne St. Amant (argued) and Zuzana Menzlová (argued), Certified Law Students; Gregory C. Sisk (argued), Supervising Attorney; University of St. Thomas School of Law, Appellate Clinic, Minneapolis, Minnesota; for Plaintiffs-Appellant.
Donald Specter and Corene T. Kendrick , Prison Law Office, Berkeley, California; David J. Fathi , ACLU National Prison Project, Washington, D.C.; Lawrence Fox , Ethics Bureau at Yale, New Haven, Connecticut; Sherri Royster , ACLU of Nevada, Las Vegas, Nevada; Mary Ann Scali , National Juvenile Defender Center, Washington, D.C.; Robin Wechkin , Sidley Austin LLP, Seattle, Washington; for Amici Curiae Prison Law Office, American Civil Liberties Union, ACLU of Nevada, Ethics Bureau at Yale, National Association of Criminal Defense Lawyers, and National Juvenile Defender Center. Elliot Dolby Shields and Robert Rickner , Chairs, Civil Rights & Liberties Committee, New York County Lawyers Association, New York, New York, for Amicus Curiae Civil Rights and Liberties Committee of the New York County Lawyers Association.
Partial Concurrence and Partial Dissent by Judge Berzon.
OPINION
IKUTA, Circuit Judge:
This appeal requires us to address whether John Witherow, a former inmate at a now-closed Nevada State Prison, can recover damages from Lea Baker, an officer at the prison. As required by prison policy, Baker screened and intermittently checked in on Witherow's phone conversations with the attorney he had...
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