appellant streets or studio if i could reserve three minutes for a battle that's fine summary judgment was inappropriate in this case because the district court never actually in rise but issued it as an appeal here before you but i don't think it's certainly not arguing for the least restrictive means but i don't think it's your rational basis in that you come up with a conceivable that or a purpose and we attach some connection between what they did to that purpose  but how it was what they did here are not rational this person is conducting according to them a business and he has perhaps threatened another inmate that's how this whole thing in the segregated confinement and once a social worker needs to be there it appears place calls for him let alone monitors the restriction the further struction on this telephone privileges which appears to be had before i don't think it's it's that the recent report was pretty much unrestricted right i think the so the middlesex guidelines are indicative of kind of what normal inmates at which is open access to telephones in general and i referred to the guidelines say that an inmate in administrative segregation has the same access as most of the same access as one not in administrative segregation but you don't really do provide for and they actually provide for i lawyer the next day and it doesn't look back on that day he actually reached anyone on the other end and six days later essentially the same thing happened and it took six days after that and this is days no matter what for somebody to also we come forward with enough to allow him to get out of the twenty five hundred dollars bail i think the officials need to show or need to meet a standard when he originally placed them in the situation which is in late asked for a telephone although he has denied that on all those fifteen days he did not have to spend in this facility and i think particularly if you look at pete asserted legitimate government interest here we do not deny that there's a government cutting off his telephone access in such a way that will prevent him from leaving the facility earlier how much should we think he would have left the facility if he had more open telephone privileges once he was in administrative segregation it's the restriction on people who he might have wanted to call and he could not have called under this restriction which admittedly is unclear and it's unclear because the  you're right that's what status should we think she would be home standard sexually does that language in the manner of a guideline a regulation whatever it might be is it unmistakably mandatory such that an official who is placed in the role of extorting power and someone would not be able was using his calls to speedy bail bonds and third parties to third party in c t bail bondsman to set up these bales he was conducting his running of the bail business over the telephone there a reason why a telephone restriction was put in place to prevent him from running bales we did not and there is nothing in the record that interfered with his access to the mail to reach out to anybody is accessed through visitation to reach out to anybody well of the other avenues that he was in conducting his business they were not affected at all there was nothing  it's certainly to contact anyone these days but to conduct the bell business which is improper under banking industry should regulate guns and certainly the facility had some concerns because there was allegations that there were threats going on against other inmates this is this is prosecutor's office and to the point to the department of baking and and insurance because we don't know at this point what the impact of these running bales are i should have paid are they getting credit is this the looting bell that is being set by the courts we don't know any of that at us that he would have been able to secure the bell anything or had he been able to make fifty phone calls unlike the restrictions that were in place indicting jail or those more absolute incomplete impediments to people posting bail telling someone place is still able to do it although it may not be the easiest way for him to go but i think he chose that when he chose to conduct business over the  for their hour which is when they can have a visitation they can use the phone during that hour they don't have twenty four hour a day phone access the way the general population in neighborhood stores what are you saying at least there was one hour a day that mr steele could have used  able to reach one as he said jimmy has an answer because there he didn't testify that anybody else would have been able to come forward and provide the bail for him would have been able to reach out to them that there's nothing that plaintiff has come forward with in the record but well that suggests he had any way of i ask you the same question i asked mr mr stewart what standard should be applied to a state created liberty interest right by a pretrial detainee i think the test in bell is particularly  doing his belt mining business we're trying to ensure the integrity of the bail process itself i mean we don't know if he was getting paid if he's getting credit for these tales if you could put a down payment down there by reducing the import  actual bill that was set by a judge means we don't you know any of these things at this point in this is what the investigation is merely starting this is day one when all of these factors are before us and we're trying to see now what do we do to protect all of the interests of our were offered bail was rejected and there was information on bail was withheld they were complete impediments to this this is merely a restriction and i don't believe there are any other cases that were stated that talk about restrictions that limited it because obviously road there's no there's no interest in preventing him from making these calls if he wants to communicate with people on the outside who would help me raise the money to as well and i think me would you that interest the allegations involve mr steele and speed and it does not appear that he could make any phone calls in a segregated confinement without the assistance or dialing of a prison social worker so why couldn't she monitor