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Home / Opinion Digests / Civil Rights / Civil Rights – Opening mail outside prisoner’s presence supports First Amendment claim (access required)

Civil Rights – Opening mail outside prisoner’s presence supports First Amendment claim (access required)

A pro se prisoner’s claim that his rights were violated was supported by the failure of prison officials to explain the need to check his mail for contraband outside of his presence. Because the infringement of his First Amendment rights constitutes an injury and the officials forfeited their qualified immunity argument, the claim was improperly ...

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