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TREESH v. TAFT

No. C-2-99-624.

122 F.Supp.2d 881 (2000)

Fred TREESH, et al., Plaintiffs, v. Bob TAFT, et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

March 20, 2000.

Attorney(s) appearing for the Case

Kevin Francis O'Neill, Cleveland-Marshall College of Law, Cleveland, OH, for Plaintiff.

Todd Robert Marti, Ohio Atty. General, Corrections Litigation, Columbus, OH, for Defendant.

OPINION AND ORDER

KINNEARY, Senior District Judge.

This matter is before the Court on Defendants' motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(1). (Doc. # 6.) For the reasons stated below, the Court DENIES Defendants' motion.

I. BACKGROUND

This case involves a First Amendment challenge to a prison policy that regulates the last statements of condemned...

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