Jordan v. Sosa, No. 08-1326 (10th Cir. 2011)
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Plaintiff-Appellant Mark Jordan was incarcerated in solitary confinement in a minimum security facility in Colorado when he filed this action. Plaintiff was convicted of stabbing a fellow inmate while incarcerated for armed bank robbery. He brought a civil rights action against the Federal Bureau of Prisons to challenge the constitutionality of a statutory and regulatory ban on the use of federal funds to distribute to federal prisoners commercially published sexually explicit materials. Following a bench trial, the court held that the ban did not violate the First or Fifth Amendments to the U.S. Constitution. Plaintiff appealed the district court's rejection of his First Amendment claims. Upon review, the Tenth Circuit found that Plaintiff's subsequent transfer to other prison facilities rendered his claims moot.
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