Nordstrom v. Ryan

Brief of Amici Curiae New York County Lawyers Association and National Association of Criminal Defense Lawyers; Urging Reversal.

Brief filed: 06/22/2016

Documents

Nordstrom v. Ryan

9th Circuit Court of Appeals; Case No. 16-15277

Prior Decision

Decision below 128 F.Supp.3d 1201 (D.Ariz. Feb. 5, 2016).

Argument(s)

Outgoing inmate legal mail should be held to the highest protective constitutional standard. Arizona's outgoing legal mail policy is overbroad. The Arizona Department of Corrections (ADC's) outgoing legal mail policy lacks procedural safeguards. The ADC policy does not legitimately further the interests of penal administration. The ADC outgoing legal mail policy functions as an automatic privilege waiver. Overbroad legal mail policies raise Eighth Amendment and due process concerns. ADC's outgoing legal mail policy is particularly likely to violate the rights of death row inmates. ADC's outgoing legal mail policy is particularly likely to violate the rights of pretrial detainees.

Featured Products

Author(s)

Robin E. Wechkin, Sidley Austin LLP, Seattle, WA; Elliot Dolby Shields, New York County Lawyers Association, New York, NY.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free