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New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted
Loaded on March 15, 2006
published in Prison Legal News
March, 2006, page 32
A New Jersey federal district court has held that a prison policy of opening legal mail outside of prisoners' presence is unconstitutional, but that prison officials are entitled to qualified immunity from damages. This civil rights action was brought by New Jersey prisoner's Jamaal W. Allah, Lennie Kirkland, and Kevin …
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More from this issue:
- Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers
- Ten Deaths At San Quentin from Macabre" Healthcare
- California Prison Doctor Suspended Following Three Prisoner Deaths
- From the Editor
- Los Angeles County Pays $900,000 to Parents of Murdered Informant in Jail
- NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments
- Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages
- Wisconsin Prison Employee Raped By Prisoner Awarded $366,000
- New York City Pays $75,000 for 28.5 Days False Imprisonment
- Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity
- Michigan Jail's Disproportionate Treatment of Women Results in $855,000 Settlement Agreement
- Texas Legislature Requires HIV Testing for Prisoners, by Gary Hunter
- Texas Prisoners Again Have Limited Right to Appear in Civil Cases
- New York City Jail Strip Search Suit Settles For $30 Million
- Florida Awards $2 Million to Wrongfully Convicted Man
- California Enacts Strong Sexual Abuse in Detention Elimination" Act
- Police Department Class Action Fraud Suit Filed Against Stun Gun Maker
- New Mexico Jail Prisoners Raped by Judge and Guards Settle for $890,000
- PLN Questions John Ashcroft on the Death Penalty
- Wackenhut Settles Pennsylvania Suicide Suit For $125,000
- Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin
- Washington Jail Pays Teenager $400,000 for Rape While Imprisoned
- New York Governor Illegally Halts the Release of 12 Sex Offenders
- BOP Enjoined from Terminating Boot Camp Program
- Sixth Circuit Upholds Michigan Ban On Prisoner Appeals of Discretionary Denials of Parole
- Wrongfully Imprisoned D.C. Disabled Man Settles Suit For $1.74 Million
- Former Riker's Island Head Goes to Prison
- $3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner
- BOP Awards Unisys Corp. Nationwide Prison Phone Contract
- Federal Government Bans Medicaid Impotence Drugs for Sex Offenders
- BOP Secret Squirrel Photo File" Suit Remanded
- New York Jail Prisoner Injured In Assault Awarded $750,000
- Rebellion at CCA Prison in Texas
- Arkansas Juvenile Prisons Cornell Kills a Prisoner, Hires Guard DOC Fired
- Washington State Forensic Scientist Helps Convict the Innocent, FBI Assists
- Avalon Correctional Services Delisted From NASDAQ
- Civil Commitment of Massachusetts Sex Offenders Expanding
- California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole
- York County, Maine, Settles Class Action Strip-Search Suit for $3,300,000
- Florida DOC's Copy Cost Assessment Rule Declared Invalid, by David Reutter
- New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted
- Michigan Jail Settles Suicide Suit for $280,000
- Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C
- Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender
- California Pays Innocent Prisoner $328,000 for Nine Years in Prison, by John Dannenberg
- California DOC Watched Over by Toothless Bureau of Independent Review
- New Jersey Settles Prisoners Freedom of Religion Suit
- COPS Program Fails To Arrest Crime, Funding Improprieties
- Withholding Legal Mail States Legal Access Claim
- Florida Closes Scandal Ridden Girls Facility, Takes Over Control of Another Juvenile Facility
- Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit
- Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim
- Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA
- Court Orders Mob Boss Released from SHU
- New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim, by David Reutter
- Sixth Circuit PLRA Fee Set at $169.50 Not $135
- Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case
- Washington Settles Prisoners Medical Indifference Suit for $370,000
- News in Brief
- Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust
More from these topics:
- Most U.S. Prisoners Now Barred from Directly Receiving Physical Mail, Feb. 1, 2026. Mail Regulations, Due Process, Legal Mail, Censorship, Warrantless Searches, Electronic Surveillance.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- United States Postal Service Declares Postmarks Could Be Delayed, Feb. 1, 2026. Mail Regulations, Due Process, Legal Mail, Access To Courts.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- $600,000 Awarded So Far in Disgraced Georgia Sheriff’s Trial for Abusing Detainee in Restraint Chair, Jan. 1, 2026. Exposure to Cold, Restraints, Qualified Immunity, Damages - Compensatory, Wrongful Use of Force.
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026. Seizure of Prisoner Funds, Trust Accounts, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of Qualified Immunity to Jail Nurses in Suit Arising from Prisoner’s Death, Dec. 1, 2025. Medication, Failure to Treat, Qualified Immunity, Medical Neglect/Malpractice, Deliberate Indifference.
- Sixth Circuit Affirms Denial of Qualified Immunity to Michigan Warden Whose Guards Gave Prisoner Plastic Bag Used in Suicide, Dec. 1, 2025. Guard Misconduct, Qualified Immunity, Failure to Train/Supervise, Suicides, Deliberate Indifference.
- $5,000 Settlement for Missouri Prisoner’s Retaliation Claim After Eighth Circuit Dismissed Due Process Claim Over Falsified Disciplinary Report, Dec. 1, 2025. Retaliation for Filing Grievances, Liberty Interests, Evidence, Qualified Immunity, Ad-Seg Hearings.

