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Prison Legal News

Ohio Sued by Non-Profit Law Firm 
for Opening Prisoner Legal Mail

Loaded on July 15, 2025 published in Prison Legal News July, 2025, page 59
Filed under: Attorney Client, Legal Materials, Attorney Calls, Legal Mail. Location: Ohio.

On May 6, 2025, the Ohio Justice and Policy Center, a non-profit law firm, filed a lawsuit against the state Department of Rehabilitation and Corrections (DRC) over the practice of intercepting mail between prisoners and their attorneys. The practice, which is called the “Legal Mail Policy Variance,” was intended to intercept drugs and other contraband from being brought into facilities. It requires prison staff to make a photocopy of legal mail in front of the prisoner and—after handing them the copy or delivering it to their tablets—shred the original. This policy was introduced to four of the 28 DRC prisons across Ohio in 2024: the Southern Ohio, Marion, Lebanon, and Ross correctional institutions. 

The Ohio Justice and Policy Center contends that it often receives mail from prisoners which includes allegations against specific guards, and that opening and reading this mail could result in retaliation. “[This policy] opens the door for private correspondence to be viewed with total disregard for our client’s civil rights and First Amendment rights,” said Gabe Davis, the firm’s chief executive officer. “We are suing the department because this has to stop now.” According to state data, of the known sources for how drugs enter prisons in Ohio, legal mail only accounts for 1.3% of all seizures.   

 

Sources: Columbus Dispatch, NBC4/WCMH

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