Horvitz & Levy LLP, along with the Pepperdine Law School Ninth Circuit Appellate Clinic, successfully reversed the grant of summary judgment in a prison First Amendment case. Kern Valley State Prison refused to permit state prisoner Juan Antonio Falcon to receive a care package sent to him by his family for his birthday. Mr. Falcon sued the responsible correctional officer who returned his package under 42 U.S.C. § 1983 and the district court granted summary judgment for the correctional officer. The Ninth Circuit reversed the grant of summary judgment, finding that Mr. Falcon had a First Amendment right to receive the package and that there were triable issues of fact regarding whether the return of the package was reasonable.
Horvitz & Levy attorney Jeremy Rosen supervised his students at the Pepperdine Law School Ninth Circuit Appellate Clinic in representing Mr. Falcon pro bono under appointment by the Ninth Circuit.