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Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim
Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim
by David Reutter
The Ninth Circuit has held that a prison guard’s act of reading a prisoner’s legal mail – not merely inspecting or scanning it – constitutes a Sixth Amendment violation.
The Court of Appeals …
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More from this issue:
- $1.56 Million Settlement for Texas Jail Death Due to Drug Withdrawal, by Matthew Clarke
- Pharmacist Associations Take Stand Against Death Penalty, by Greg Dober
- Crime Labs Still in Crisis, by Matthew Clarke
- The Spread of Electronic Monitoring: No Quick Fix for Mass Incarceration, by James Kilgore
- News in Brief
- Maine Jail Raises Pigs to Feed Prisoners, Expands Organic Farm
- Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement, by Mark Wilson
- Nebraska Supreme Court Upholds One-Hour Law Library Access, by Mark Wilson
- New York: Companies Settle Claims for Discriminating against Ex-Felons, by Gary Hunter
- California Supreme Court Restricts Life Without Parole Sentences for Juveniles
- Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico, by Mark Wilson
- Seventh Circuit Reinstates Prisoner’s Eighth Amendment Suit; $26,875 Settlement on Remand, by Lonnie Burton
- Dismissal of Challenge to Texas City’s Sex Offender Restrictions Reversed, by Matthew Clarke
- Oregon Courts Must Give Notice before Amending Judgment, by Mark Wilson
- Civilly Committed Sex Offenders Increasingly Released in Wisconsin, by Matthew Clarke
- Lawsuit Over Suicide of Oregon Prisoner Settles for $100,000, by Mark Wilson
- Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim, by David Reutter
- Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide, by Mark Wilson
- $345,000 Settlement in Michigan Detainee’s Suicide, by David Reutter
- Book Review: Abolishing the Broken U.S. Juvenile Justice System, by Hannah K. Gold
- San Antonio, Texas Leads the State in Jail Suicides, by Matthew Clarke
- Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal, by David Reutter
- New York Settles Wrongful Conviction Claim for $2.7 Million, by Michael Brodheim
- Tasering Detainee as Corporal Inducement Violates Eighth Amendment, by David Reutter
- Video Shows Tulsa Jail Prisoner Subjected to “Horrific” Treatment Prior to Death
- Fifth Circuit Dismisses Female Immigration Detainees’ Sexual Assault Claims, by Matthew Clarke
- Overdose, Taser and Restraint Chair Combine to Kill Washington Prisoner
- $12,500 Settlement for Pennsylvania Prisoner Denied Medication, by David Reutter
- Report Highlights Health Concerns Related to Coal Ash Dump at Pennsylvania Prison, by David Reutter
- Locked Down, Locked Out: Why Prison Doesn’t Work and How We Can Do Better, by Maya Schenwar, by Gary Hunter
- Doctor of Death: Former Jail Physician Leaves Trail of Prisoner Deaths, Injuries, by Matthew Clarke
- Oregon Prison Guard Union Sues Mentally Ill Prisoners
- Second Circuit: Requiring Pretrial Detainees to Perform Forced Labor Unconstitutional; $15,000 Settlement on Remand, by Matthew Clarke
- Washington Enacts Wrongful Conviction Compensation Law; County Reneges on $10.5 Million Settlement with Exonerated Prisoners
- Second Circuit Affirms Muslim Prisoner’s Right Not to Drink Water during Ramadan, by Lonnie Burton
- New York Appellate Court Reverses Dismissal of Rikers Island Wrongful Death Suit, by David Reutter
- Unauthorized Oregon “Offense Surcharges” Reversed, by Mark Wilson
- Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees, by Mark Wilson
- Sixteen Maryland Prison Guards Sentenced for Severely Beating Prisoner
- Forty Defendants, Including 24 Guards, Convicted in Widespread Corruption Scandal at Baltimore City Jail, by Christopher Zoukis
- Maryland Cannot Compel Retroactive Sex Offender Registration
- Unexhausted Oregon Parole Claims Not Cognizable, by Mark Wilson
- Philadelphia Traffic Court Abolished; Seven Judges Convicted
- California Prisoner’s Conviction for Smuggling Tobacco Overturned, by Lonnie Burton
- Tenth Circuit Misses Chance to Limit Long-Term Solitary Confinement, by Derek Gilna
- Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release, by David Reutter
- From the Editor, by Paul Wright
- Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing, by Matthew Clarke
More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
More from these topics:
- ICE Settles Suit Over Opening Detainees’ Legal Mail, April 1, 2026. Legal Mail, Attorney Visits, First Amendment, rights, Immigration Detention, Attorney/Client.
- Like Prisoners, Most Jail Detainees Now Banned from Receiving Physical Mail, March 1, 2026. Jail Specific, Mail Regulations, Legal Mail, Censorship, Digital Devices, Private Phone Contractors.
- Mail Went Digital in Alabama Prisons. Families Are Saying Their Mail Isn’t Being Delivered, March 1, 2026. Mail Regulations, Legal Mail, First Amendment, rights, Access To Courts, Access to Computers.
- 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.
- United States Postal Service Declares Postmarks Could Be Delayed, Feb. 1, 2026. Mail Regulations, Due Process, Legal Mail, Access To Courts.
- New Hampshire Guard Abuse and Theft Uncovered Through Poaching Investigation, Dec. 1, 2025. Guard Misconduct, Retaliation for Filing Grievances, Legal Mail, Obstruction of Justice.
- Ohio Sued by Non-Profit Law Firm for Opening Prisoner Legal Mail, July 15, 2025. Attorney Client, Legal Materials, Attorney Calls, Legal Mail.
- Arkansas DOC Settles Retaliation Claim by Prisoner Who Also Won Back Confiscated COVID-19 Stimulus, June 1, 2025. Retaliation for Organizing, Legal Materials, Legal Mail.
- $50,000 for Excessive Force Claim by Maryland Prisoner Who Used to Be a Guard, June 1, 2025. Classification, Guard Brutality/Beatings, Legal Mail.
- Smart Communications Files for Bankruptcy Protection, June 1, 2025. Telephones, Mail, Legal Mail, Private Phone Contractors.

