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Smith, et al. v. Al-Amin

Close Date: 10/06/2008
Topic(s): First Amendment
Qualified Immunity and Sovereign Immunity
Status: closed
Date Of Involvement: 06/03/2006
Docket: 07-1485

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The petition for certiorari in this case posed two questions:

1. Whether allegations that prison officials repeatedly opened incoming mail from an inmate's attorney outside of his presence, in violation of the prison's own regulations and without a legitimate penological purpose, state a claim for violation of the inmate's free speech rights.
2. Whether, for purposes of qualified immunity, Eleventh Circuit law clearly established that an inmate has a right not to have attorney mail opened outside his presence without a legitimate penological purpose.

Public Citizen assisted respondent's counsel with the brief in opposition to the petition. The Supreme Court denied cert.