Legal Opinion
Nick Mangiaracina v. Paul Penzone
Court of Appeals for the Ninth Circuit
Decided March 3, 2017No. 14-15271PublishedCited by 84 opinions
1Opinion of the Court
Concurrence by Judge BYBEE
OPINION
PAEZ, Circuit Judge:
Nick Mangiaracina appeals the dismissal of his First and Sixth Amendment claims arising from jail employees opening legal mail outside his presence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm in part, reverse in part, and remand.
I
At the time of-the events described in the operative complaint (the third amended complaint), Nick Mangiaracina was incarcerated as a pre-trial detainee in Mari-copa County’s Fourth Avenue Jail in Phoenix, Arizona. The jail’s stated policy is to open legal mail addressed to a prisoner only in…
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