Moore v. Schuetzle.

PositionPrisoner complains his access to court and First Amendment rights violated - Brief Article

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...

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