Smith, et al. v. Al-Amin
- Brief in Opposition (07/30/2008)
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.