Mazur-Hart

MEMORANDUM *

Oregon Advocacy Center has standing to bring this claim. Oregon Advocacy Ctr. v. Mink, 322 F.3d 1101 , 1113 (9th Cir.2003). The Superintendent has not carried his burden of proving collateral estoppel. Kamilche Co. v. United States, 53 F.3d 1059, 1062 (9th Cir.1995). OAC was not a party to the prior lawsuit, did not control the earlier litigation, and the legal assistance claim to disabled persons was not raised in the earlier suit. Nordhom v. Ladish Co., 9 F.3d 1402, 1405 (9th Cir.1993). Michael McCormack joined this action because Superintendent discontinued providing him access to federal appellate opinions.

McCormack’s claim is not moot because voluntary cessation does not moot a claim. Friends of the Earth v. Laidlaw, 528 U.S. 167, 189 , 120 S.Ct. 693 , 145 L.Ed.2d 610 (2000). The injury is also capable of repetition. Biodiversity Legal Found, v. Badgley, 309 F.3d 1166 , 1173 (9th Cir.2002).

The district court did not err in finding a constitutional violation over access to the courts. Lewis v. Casey, 518 U.S. 343, 356 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996). The relief ordered is necessary to correct ongoing violations of the right of access to the…