Nakao v. Rushen

MEMORANDUM OPINION

WEIGEL, District Judge.

It has been established that prison authorities may search a prison cell at any time and for any reason without violating the proscriptions of the fourth amendment. Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984). But, can they send letters found in such a search to third parties? That is the question raised by this suit. 1

Charles Bruce Nakao was imprisoned at San Quentin during the time that the events giving rise to this action occurred. Helen Gabriel Nakao was an employee of the Contra Costa County Social Services Department. 2…