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Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech
by David M. Reutter
The Fourth Circuit Court of Appeals upheld on June 8, 2020, that a pretrial detainee’s First Amendment claim that officials violated his right to free speech by opening incoming and outgoing legal mail outside his presence. It affirmed judgment on claims alleging violation of the Fourth ...
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More from this issue:
- Milestone: Thirty Years of Prison Legal News and the Human Rights Defense Center, by Paul Wright
- Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death, by Matthew Clarke
- From the Editor, by Paul Wright
- Denied Medical Care During Pandemic, New Jersey Prisoner Treats Infected Wound With Bleach, by Dale Chappell
- Ninth Circuit: No Summary Judgment for Prison Officials Who Allegedly Allowed Attack on Nevada Prisoner, by David Reutter
- Lives at Stake as Pennsylvania County De-privatizes Prison, by David Reutter
- Coronavirus: A Second Wave of Infection, by Michael D. Cohen, MD
- Eleventh Circuit Vacates COVID-19 Injunction Against Miami Jail, by David Reutter
- Former Sheriff Joe Arpaio Loses Another Arizona Republican Primary, by Matthew Clarke
- Nebraska Declares Overcrowding Emergency in State Prisons, by Kevin Bliss
- Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech, by David Reutter
- Federal Judge Rules Prisoners Eligible for $1,200 Stimulus Checks; Application Deadline Extended to Nov. 21 for Online Filing, by Derek Gilna
- California Prison Guards Keep Jobs After Aiding Attacks on Sex Offenders, by Jayson Hawkins
- Texas: Prison Air Conditioning Needs Revisiting, by Edward Lyon
- Efforts to Keep COVID-19 Out of Montana Prisons Fuels Outbreaks in County Jails, by Alex Sakariassen
- Denial of Recruitment of Counsel for Wisconsin Prisoner Affirmed by Seventh Circuit, by David Reutter
- DOJ Finds Frequent Use of Excessive Force in Alabama Prisons, by David Reutter
- Two-Thirds of Nevada Prisoners Confined in Arizona Private Prison Test Positive for COVID-19, by Mark Wilson
- Third Circuit: District Court Erred in Ruling Against Pennsylvania Prisoner’s Civil Rights Complaint, by David Reutter
- Washington Prisoner’s State Public Records Act Lawsuit Results in His Freedom and $111,194 Award, by Matthew Clarke
- New Jersey Guard Acquitted in Sex Scandal, by David Reutter
- North Carolina Temporarily Closes Three Prisons for Lack of Guards; Final One Reopens During COVID-19 Pandemic, by Edward Lyon
- $225,000 Windfall in Lehigh County, Pa. But Officials Don’t Cut Jail Phone Costs, by David Reutter
- Second Circuit Reverses Summary Dismissal of Connecticut Prisoner’s Failure-to-Protect Lawsuit, by Matthew Clarke
- Private Prison Industry Ramped Up Campaign Contributions, Favoring Republicans, by Derek Gilna
- Pennsylvania Prisoner Loses Part of Leg, Wins Appeal in Precedential Grievance Process Case, by David Reutter
- Florida Spent $1.7 Million, and Counting, to Impede Felon Voting Rights, by David Reutter
- Investment Firm Buys Corizon, by Matthew Clarke
- $1.25 Million Settlement Against Tennessee County Over Sheriff’s Violations of Labor Law, by Douglas Ankney
- Violence at New York City’s Rikers Island Jail Increasing Even as Population Falls, by Edward Lyon
- Ankle Monitor Shortage at Chicago Jail Put Prisoner Releases During COVID in Limbo, by David Reutter
- Failed Michigan Jail Site to Host Innovation Center, by David Reutter
- Report: Screening Failures Cited in COVID-19 Outbreak in California Prisons, by Kevin Bliss
- Second Circuit: Denial of Exercise Over Four Months Defeats Summary Judgment, by David Reutter
- Rikers Island Death Case Against City of New York Settles for $5.5 Million, by Derek Gilna
- Families of 4 Alabama Prisoners Who Committed Suicide File Federal Lawsuit Against Prison Officials, by Matthew Clarke
- ICE Detainees Pepper-Sprayed Over Hunger Strike, by Daniel A. Rosen
- Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, by Chad Marks
- Eleventh Circuit: Florida’s Treatment Plan for Hepatitis C-Positive Prisoners Constitutional, by David Reutter
- Sixth Circuit Reverses and Allows Ohio Prisoner’s Civil Rights Lawsuit to Proceed, by David Reutter
- Mental Health Crisis in California’s Lock-Ups Worsens With COVID-19, by Edward Lyon
- Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm”, by David Reutter
- Native Americans Protest Theft of Alcatraz Island, by Edward Lyon
- Temporary Halt of Federal Prison Labor at National Parks, but New Policy Proposed To Resume It, by Jayson Hawkins
- $70,000 Settlement in Private Firm’s Failure to Treat Arizona Prisoner’s Broken Wrist, by David Reutter
- Guard Violates Eighth Amendment by Brandishing Knife and Threatening Prisoner’s Life, by David Reutter
- Seventh Circuit Dismisses Summary Judgment for Defendants in Illinois Prisoner’s Lawsuit Over Beating, Choking, by David Reutter
- HRDC Files Civil Rights Lawsuit Against Colorado Sheriff for Censorship of Prisoner Publications, by Derek Gilna
- Captain Accused of Abusing Mentally Ill Prisoners Cleared in Internal Investigation, by Kevin Bliss
- New York City BOP Prisoner Dies After Being Pepper-Sprayed, by Kevin Bliss
- Former Pennsylvania Prison All Solitary with Silence Mandatory, by Edward Lyon
- Alabama Executes Non-Shooter in Police Killings, by David Reutter
- Former Angola Warden Burl Cain Appointed Head of Mississippi Prison System, by Matthew Clarke
- News in Brief
- Massachusetts Jail Phone Cost Reductions Under Attack, by Edward Lyon
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Sixth Circuit: Leaman Doctrine Did Not Bar Ohio Prisoner’s Pro Se Federal Civil Rights Suit Over Interference with Legal Mail, Feb. 15, 2025. Legal Mail, Censorship, Lost Property.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, Aug. 1, 2024. Fourth Amendment, rights, Suspicionless Searches.
- Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes, June 1, 2024. Retaliation for Litigating, Retaliation for Filing Grievances, Photos, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail.
- Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip, March 1, 2024. Jail Specific, Supervisory Liability, Municipal Liability, Legal Mail, First Amendment, rights, Attorney/Client.
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, Feb. 15, 2024. Police Misconduct, Excessive Force (Police), Fourth Amendment, rights, Police/Govt Misconduct, Monell Liability, Fourth Amendment.
- $9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards, Jan. 1, 2024. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Legal Mail.
- California Appeal Court Won’t Let Prisoner Use Legal Mail to Send “Kites”, June 22, 2023. Legal Mail, Censorship, Prison Mail.
- Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, June 15, 2023. Fourth Amendment, rights, Warrantless Searches, Searches - Home/Curtilage, Specific Intent.
- The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes, Nov. 15, 2022. Sixth Amendment, Counsel - Effective Assistance of.