· 3/10/2009
Fontroy v. Beard
Citations
- 559 F.3d 173
- 2009 U.S. App. LEXIS 5277
- 2009 WL 593844
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a control number policy did not violate the First Amendment
- explaining that, while prison officials are required to demonstrate that a rational connection exists between the regulation and a legitimate penological interest, the inmate bears the ultimate burden of demonstrating that the regulation is unconstitutional (citation omitted)
- applying the Turner factors to determine whether a correctional department policy violated prisoners’ First Amendment rights
- “constitutional obligations require . . . DOC to take additional measures” in handling privileged mail
- “Although the DOC prohibits mail inspectors from reading mail addressed to inmates except in special circumstances, constitutional obligations require the DOC to take additional measures to ensure that legal mail remains unread.” (emphasis added)
- “Although the Inmates bear the ultimate burden of showing that the DOC’s . . . policy is unconstitutional, it is the DOC Officials’ burden to demonstrate that a rational connection exists between the policy and a legitimate penological interest.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Chief Judge, Ambro, and Smith, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.