Jeffrey Nielsen v. Ryan Thornell

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY NIELSEN; BRIAN No. 22-15302 BOUDREAU, on behalf of themselves and all others similarly situated; D.C. No. ARIZONA STATE CONFERENCE 2:20-cv-01182-

OF THE NATIONAL DLR-JZB

ASSOCIATION FOR THE

ADVANCEMENT OF COLORED

PEOPLE, as an organization and on OPINION behalf of its members,

Plaintiffs-Appellants,

v.

RYAN THORNELL, Director, Arizona Department of Corrections, Rehabilitation & Reentry, in his official capacity,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding

Argued and Submitted May 15, 2023 Phoenix, Arizona Filed May 21, 2024

Before: Jacqueline H. Nguyen, Daniel P. Collins, and Kenneth K. Lee, Circuit Judges.

Opinion by Judge Lee; Concurrence by Judge Nguyen; Dissent by Judge Collins

SUMMARY *

Prisoner Civil Rights

The panel affirmed the district court’s dismissal of an action brought by the NAACP’s Arizona chapter and two former prisoners challenging the constitutionality of private prisons,…