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SISNEY v. KAEMINGK

No. 20-2460.

15 F.4th 1181 (2021)

Charles E. SISNEY, Plaintiff-Appellee, v. Denny KAEMINGK, in his official capacity as the South Dakota Secretary of Corrections; Darrin Young, in his official capacity as the Warden of the South Dakota State Penitentiary; Sharon Reimann, in her official capacity as an SDSP designated Mailroom Officer; Craig Mousel, in his official capacity as an SDSP designated Property Officer, Defendants-Appellants. National Coalition Against Censorship, Amicus on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: October 15, 2021.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Caroline Anne Srstka , AAG, of Sioux Falls, SD. The following attorney appeared on the appellant brief; Frank E. Geaghan , AAG, of Pierre, SD.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Steven R. Morrison , of Grand Forks, ND.

The following attorney appeared on the amicus brief; Eugene Volokh , of Los Angeles, CA; and Alberto J. De Deigo Carreras , student at the University of California, Los Angeles School of Law.

Before GRUENDER, BENTON, and STRAS, Circuit Judges.

Charles E. Sisney brought as-applied and facial challenges to the South Dakota State Penitentiary's pornography policy (the "Policy") under the First and Fourteenth Amendments, naming as defendants four South Dakota corrections officials in their official capacities. The district...

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