33. Privacy.

U.S. Appeals Court MEDIA MAIL

Brown v. Williams, 36 Fed.Appx. 361 (10th Cir. 2002). A state prisoner brought a pro se [section] 1983 action against prison officials, challenging the handling of his mail from his attorney and from a radio station. The district court dismissed the case and the appeals court affirmed. The appeals court held that the fact that a mail package sent by an attorney was never received by the prisoner, and that another package from the attorney was opened in the prisoner's presence by prison officials, did not amount to a deprivation of the prisoner's First Amendment right or his right to counsel or right of access to the courts. The court also found that prison officials' interception of incoming correspondence addressed to the prisoner from a radio station and an outgoing letter to the radio station's address, was reasonable in light of the personal nature of the correspondence. The incoming letter contained a check for the prisoner and was sent by his godmother, who worked for the radio station. The court noted that prison officials may regulate correspondence thought to be disguised as privileged mail. (Lea County Correctional Facility, Oregon)

U.S. Appeals Court RIGHT OF PRIVACY SEARCHES

Farmer v. Perrill, 288 F.3d 1254 (10th Cir. 2002). A female federal prisoner brought a civil rights action against prison officials, alleging Fourth Amendment violations arising from strip searches. The district court denied summary judgment for the officials and refused to dismiss the action. The appeals court affirmed, finding that the prisoner's right not to be subjected to a...