Legal Opinion

Bretches v. Kirkland

Court of Appeals for the Ninth Circuit

Decided June 2, 2009No. 07-16022Published

1Opinion of the Court

MEMORANDUM **

Dale Bretches appeals from the district court’s dismissal of his 42 U.S.C. § 1983 *677suit alleging that prison officials violated his rights under the First Amendment to the United States Constitution. We review de novo a district court’s dismissal of a complaint under 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted, Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007), and we affirm in part, reverse in part, vacate in part, and remand.

Bretches first argues that book publishing does not constitute a business activity under Cal.Code. Regs. tit. 15,…

2Cases cited7 opinions

  1. Turner v. SafleySupreme Court of the United States · 1987
  2. Thornburgh v. AbbottSupreme Court of the United States · 1989
  3. Jeffers v. GomezCourt of Appeals for the Ninth Circuit · 2001
  4. Jonathan D. Mauro v. Joseph M. Arpaio, Sheriff Maricopa County, a Political Subdivision of the State of ArizonaCourt of Appeals for the Ninth Circuit · 1999
  5. Scott v. RossCourt of Appeals for the Ninth Circuit · 1998

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