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TIEDEMANN v. VON BLANCKENSEE

No. 21-15073.

72 F.4th 1001 (2023)

Kenneth Daniel TIEDEMANN, Plaintiff-Appellant, v. Barbara VON BLANCKENSEE; Gene Beasley; Scott Young, Defendants-Appellees, and Mary M. Mitchell, Regional Director; J. T. Shartle, Warden; Rafael Zuniga, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2023.

Attorney(s) appearing for the Case

Sarah Dupree (argued) and Rachel Smith (argued), Certified Law Students; William Fernholz and Jamie Crook , Supervising Attorneys; UC Berkeley School of Law; Berkeley, California; for Plaintiff-Appellant.

Terry M. Crist III , Assistant United States Attorney; Christina M. Cabanillas , Deputy Appellate Chief; Gary M. Restaino , United States Attorney, District of Arizona; United States Attorney's Office; Tucson, Arizona; Denise A. Faulk , Assistant United States Attorney; United States Attorney's Office; Phoenix, Arizona; for Defendants-Appellees.

Before: Sidney R. Thomas and Holly A. Thomas, Circuit Judges, and Jed S. Rakoff, District Judge.

OPINION

Appellant Kenneth Daniel Tiedemann, a federal prisoner, challenges the 300-minute-per-month cap on his phone calls applied by the federal Bureau of Prisons ("BOP"). Tiedemann argues that BOP, by applying the policy to him without exemption, unconstitutionally infringes on his First and Fifth Amendment rights...

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