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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 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 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 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)
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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.
Next Article:U.S. v. Martin.
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