Brief filed: 05/29/2015
Mangiaracina v. Arpaio
9th Circuit Court of Appeals; Case No. 14-15271
Appeal from the United States District Court for the District of Arizona, D.C. No. 2:13-cv-00709-NVW-SPL, Neil V. Wake, District Judge, Presiding.
Maricopa County Jail (MCJ) staff opening legal mail between plaintiff and attorneys outside his presence violates the First Amendment rights of the attorneys. The alleged actions of MCJ staff prevent attorneys from complying with their ethical duty of confidentiality. The interference with plaintiff's legal mail results in lawyers neglecting their duties of competent and diligent representation. The opening of plaintiff's legal mail impairs lawyers' duty to communicate and keep their client reasonably informed.
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