United States Ninth Circuit

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Nordstrom v. Ryan, 16-15277

In action brought pursuant to 42 U.S.C. section 1983 by an Arizona state prisoner alleging that the Arizona Department of Correction's policy and practice of inspecting inmates' outgoing legal mail violated the Sixth and First Amendment, the district court's dismissal is reversed where Arizona's current 'inspection' policy did not satisfy the standard articulated in Nordstrom v. Ryan, 762 F.3d 903, 906 (9th Cir. 2014) because the policy called for page-by-page content review of inmates' confidential outgoing legal mail; and 2) the policy did not satisfy the four-part test identified in Turner v. Safley, 482 U.S. 78, 89-91 (1987), because Arizona did not produce evidence of a threat to prison security sufficient to justify its policy, and because feasible, readily available alternatives were apparent.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/18

Judges

  • SMITH

Court

  • United States Ninth Circuit

Counsel


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