United States Ninth Circuit

In an action brought pursuant to 42 U.S.C. section 1983 by a prisoner who alleged by First and Sixth Amendment claims arising from jail employees opening his legal mail outside his presence while he was a pretrial detainee, the district court's dismissal pursuant to 28 U.S.C. section 1915A is: 1) reversed as to dismissal of illegal mail openings on two separate occasions, where under Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir. 2014), prisoners have a Sixth Amendment right to be present when legal mail related to a criminal matter is inspected; 2) reversed as to dismissal of plaintiff’s First Amendment claim; and 3) otherwise affirmed.

Appellate Information

• Published 2017/03/02

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel