Jeffrey NIELSEN; Brian Boudreau, on behalf of themselves and all others similarly situated; Arizona State Conference of 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.https://leagle.com/images/logo.png
Argued and Submitted May 15, 2023 Phoenix, Arizona.
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.
Dissent by Judge Collins.
OPINION
LEE, Circuit Judge.
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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