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Moore v. Schuetzle.


U.S. District Court

PRIVILEGED CORRESPONDENCE

Moore v. Schuetzle, 354 F.Supp.2d 1065 (D.N.D. 2005). A state prison inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr.  brought a [section] 1983 action against corrections officials and against a physician, alleging that his legal mail was repeatedly opened out of his presence. The district court granted summary judgment in favor of upon the side of; favorable to; for the advantage of.

See also: favor
 the defendants. The court held that correspondence from a city police department and from a state corrections department was not constitutionally-protected "legal mail." According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the court, assuming that a letter from a legal advocacy group was protected legal mail, the mistaken opening of the letter did not amount to a First Amendment violation, since the opening was the letter was an isolated incident and there was no evidence of interference with the inmate's right of access to courts. (North Dakota State Penitentiary The North Dakota State Penitentiary is a part of the North Dakota Department of Corrections and Rehabilitation and is located in Bismarck, North Dakota. External link
  • North Dakota State Penitentiary website

)
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Title Annotation:prisoner complains his access to court and First Amendment rights violated
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U4ND
Date:May 1, 2005
Words:138
Previous Article:Johnson v. Hornung.(prisoners' right of access to courts deprived)(Brief Article)
Next Article:U.S. v. Johnson.(prisoner complains of court delay)(Brief Article)
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