Smith, et al. v. Al-Amin

Topic(s): 
First Amendment
Qualified Immunity and Sovereign Immunity
Docket Number: 
7-1485
Documents:
Case Description: 

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.