United States Third Circuit

Prisoners have an interest protected by the First Amendment in being present when their incoming legal mail is opened. New Jersey may not open prisoners' legal mail outside of the prisoners' presence pursuant to a state policy intended to protect the safety and security of its prisons by reducing the risk of anthrax contamination, as the state failed to show that its legal mail policy was reasonably related to its interest in protecting the safety and security of its prisons.

Appellate Information

• Argued 04/25/2006
• Decided 08/24/2006
• Published 08/24/2006

Judges

• Before FUENTES, STAPLETON and ALARCON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ronald C. Jones, (Argued), Newark, NJ, Appellant Pro Se in No. 03-3823.


• For Appellees:
  
• Peter C. Harvey, Patrick DeAlmeida, Christopher C. Josephson, (Argued), Office of New Jersey Attorney General, Trenton, NJ, Attorneys for Appellants in No. 04-4426 and Appellees in Nos. 03-3823 and 04-4493., Shavar D. Jeffries, (Argued) Risa M. David, Kelly A. Day, Seton Hall Law School, 833 McCarter Highway, Newark, NJ, 07102 and Lawrence S. Lustberg, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, One Riverfront Plaza, Newark, NJ 07102 Attorneys for Appellants in No. 04-4493 and Appellees in No. 04-4426., Gerald J. Pappert, Calvin R. Koons, John O.J. Shellenberger, John G. Knorr, III, Office of Attorney General of Pennsylvania, Harrisburg, PA, Attorneys for Amicus Curiae, Commonwealth of Pennsylvania, Amicus Appellant in No. 04-4426 and Amicus Appellee in Nos. 03-3823 and 04-4493., Aaron Christopher Wheeler, James S. Pavlichko, Derrick Dale Fontroy, Theodore B. Savage, Graterford, PA, Pro Se Amici Appellees in Nos. 03-3823 and 04-4426., Edward L. Barocas, American Civil Liberties Union of New Jersey Foundation, Newark, NJ, Attorney for ACLU NJ and Association of Criminal Defense Lawyers, Amici Appellants in No. 04-4426 and Amici Appellees in Nos. 03-3823 and 04-4493.