Evans

Evans v. Vare

Good Law
203 F. App'x 95
United States Court of Appeals for the Ninth CircuitOctober 13, 2006Nos. 05-17406, 05-17409California594 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs are a prison inmate (Wither-ow) and his lawyer (Evans) who correspond with each other. The question for decision is whether Evans has an unrestricted right to send material to Witherow and, if not, whether the district court’s injunction is appropriately tailored.

Several aspects of this case are not disputed:

The dispute between the parties concerns material that allegedly does not pertain to Witherow’s own cases and unpublished documents that allegedly compromise privacy and security by identifying other individuals.

We need not reach the difficult questions regarding the standard of review to be applied to prison regulations that limit legal mail, because the contested portion of this case deals instead with a prison policy aimed at limiting non-legal mail, i.e., mail between two friends, one of whom happens *97 to be the other’s lawyer. To the extent that Evans and Witherow are corresponding about a common interest or hobby— which in this case is law, but could just as easily be chess or birdwatching — the prison may limit such correspondence if doing so is related to a legitimate penological interest. See Johnson v. California, 543 U.S. 499, 510 ,…

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