JONES v. SLADE

No. 20-15642.

23 F.4th 1124 (2022)

Edward Lee JONES, Jr., Plaintiff-Appellant, v. S. SLADE, South Unit Property Officer COII #1777 at Arizona Department of Corrections; D. Miller, Employee of Office of Publication Review at Arizona Department of Corrections Central Office; David Shinn, Director, Defendants-Appellees, and Charles L. Ryan; Carson McWilliams; J. Guzman; Lori Stickley, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2022.


Attorney(s) appearing for the Case

J. Matthew Rice (argued) and Ryan L. Giles , Williams & Connolly LLP, Washington, D.C.; Easha Anand , Roderick & Solange MacArthur Justice Center, San Francisco, California; for Plaintiff-Appellant.

Patrick J. Boyle , Assistant Attorney General, Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Defendants-Appellees.

Nicholas R. Reaves , Eric C. Rassbach , and Daniel L. Chen , Becket Fund for Religious Liberty, Washington, D.C., for Amicus Curiae Becket Fund for Religious Liberty.

Corene Kendrick , American Civil Liberties Union Foundation, San Francisco, California; Emerson Sykes and Vera Eidelman , American Civil Liberties Union Foundation, New York, New York; Daniel Mach and Heather L. Weaver , American Civil Liberties Union Foundation, Washington, D.C.; Victoria Lopez , American Civil Liberties Union Foundation of Arizona, Phoenix, Arizona; for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Arizona.

Before: Johnnie B. Rawlinson and Jay S. Bybee, Circuit Judges, and Kathleen Cardone, District Judge.


OPINION

Appellant Edward Lee Jones, Jr. is incarcerated at the Arizona State Prison Complex—Eymen. In late 2017 and early 2018, Jones ordered by mail six hip-hop, R&B CDs and two Nation of Islam texts. All of the items were confiscated as contraband pursuant to an Arizona Department of Corrections (ADC...

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