Oliver v. Powell.U.S. District Court LIMITATION CENSORSHIP INSPECTION OF MAIL READING OF MAIL Oliver v. Powell, 250 F.Supp.2d 593 (E.D.Va. 2002). A prisoner brought a civil rights action alleging various constitutional violations. The prisoner and the defendants moved for summary judgment. The district court granted summary judgment in favor of the defendants on all of the prisoner's claims. The court upheld the prison policy of opening and reading inmates' incoming general correspondence, finding it was content neutral and that it was reasonably related to legitimate penological pe·nol·o·gy also poe·nol·o·gy n. The study, theory, and practice of prison management and criminal rehabilitation. [Latin poena, penalty (from Greek interests in maintaining security and discipline and in suppressing contraband contraband, in international law, goods necessary or useful in the prosecution of war that a belligerent may lawfully seize from a neutral who is attempting to deliver them to the enemy. . The court also upheld the prison regulation that limited the size and weight of incoming general correspondence, to one envelope and one ounce, finding that it did not violate the prisoner's First Amendment rights. The court noted that the regulation was a reasonable response to the need to expedite ex·pe·dite tr.v. ex·pe·dit·ed, ex·pe·dit·ing, ex·pe·dites 1. To speed up the progress of; accelerate. 2. mail processing time, preventing a strain on prison resources, and that no ready alternatives were presented. The court approved of the prison regulation that authorized au·thor·ize tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es 1. To grant authority or power to. 2. To give permission for; sanction: personnel to open, examine, and censor censor (sĕn`sər), title of two magistrates of ancient Rome (from c.443 B.C. to the time of Domitian). They took the census (by which they assessed taxation, voting, and military service) and supervised public behavior. any outgoing prisoner mail upon reasonable suspicion Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. of illegal activity, noting that the regulation was narrowly drawn to reach only material that might pose a security risk to inmates, officials, and the institution. (Southampton Correctional Center, Virginia) |
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