NIELSEN v. THORNELL

No. 22-15302.

JEFFREY NIELSEN; BRIAN BOUDREAU, on behalf of themselves and all others similarly situated; ARIZONA STATE CONFERENCE THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, as an organization and on behalf of its members, Plaintiffs-Appellants, v. RYAN THORNELL, Director, Arizona Department of Corrections, Rehabilitation & Reentry, in his official capacity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2024.


Attorney(s) appearing for the Case

John R. Dacey (argued) and Robert E. Craig, III , Abolish Private Prisons, Phoenix, Arizona; Lousene Hoppe , Fredrikson & Byron PA, Minneapolis, Minnesota; Thomas A. Zlaket , Thomas A. Zlaket PLLC, Tucson, Arizona; for Plaintiffs-Appellants.

Nicholas D. Acedo (argued), Rachel Love , and Daniel P. Struck , Struck Love Bojanowski & Acedo PLC, Chandler, Arizona, for Defendant-Appellee.

Lourdes Rosado and Andrew Case, LatinoJustice PRLDEF, New York, New York, for Amicus Curiae LatinoJustice PRLDEF.

Andre Douglas Pond Cummings, University of Arkansas at Little Rock, William H. Bowen School of Law, Little Rock, Arkansas, for Amicus Curiae University of Arkansas at Little Rock Law Professors and Graduates.

Roger A. Burrell, Bayham Jerman, Phoenix, Arizona, for Amici Curiae Notre Dame Center for Social Concerns, Faith in Action, Network Lobby, George Enderle, and Michael Hebbeler

Kari Hong, Florence Immigrant & Refugee Rights Project, Tucson, Arizona; Mark R. Conrad, Liz Kim, and William J. Cooper, Conrad Metlitzky Kane LLP, San Francisco, California; for Amici Curiae Florence Immigrant & Refugee Rights Project and American Immigration Lawyers Association, Arizona Chapter.

Erin P. Polly, K&L Gates LLP, Nashville, Tennessee, for Amicus Curiae The Day 1 Alliance.

Opinion by Judge Lee, Concurrence by Judge Nguyen, Dissent by Judge Collins.


OPINION

Arizona, like many other states, relies on privately run prisons to house some of its inmates. The NAACP's Arizona chapter and two former prisoners challenge the constitutionality of private prisons, alleging that their profit-motivated mission makes them less safe and secure than state-run prisons. While there...

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