Legal Opinion

Faulkner v. McLocklin

District Court, N.D. Indiana

Decided December 15, 1989No. S88-588PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause poses a difficult issue concerning a jail inmate’s right to be present when his legal mail is opened to check for contraband. During plaintiff Gary L. Faulkner’s nine months as a pretrial detainee in the county jail in Fulton County, Indiana in 1988, jail officials opened, outside his presence, certain letters addressed to him. He brings this suit pursuant to 42 U.S.C. § 1983, seeking an award of damages from Fulton County Sheriff Richard McLocklin. The court has jurisdiction over the claim pursuant to 28 U.S.C. § 1343. The case was tried…

2Cases cited20 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Daniels v. WilliamsSupreme Court of the United States · 1986
  3. Carey v. PiphusSupreme Court of the United States · 1978
  4. Memphis Community School District v. StachuraSupreme Court of the United States · 1986
  5. Rascon v. HardimanCourt of Appeals for the Seventh Circuit · 1986

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3Cited by7 opinions

  1. Rakim A. Muhammad v. Terry A. Pitcher Dorothy Stiller and Laura SiersCourt of Appeals for the Sixth Circuit · 1994
  2. O'KEEFE v. MurphyDistrict Court, E.D. Washington · 1994
  3. State v. LongNew Jersey Superior Court Appellate Division · 1993
  4. Watson v. CainDistrict Court, N.D. Illinois · 1993
  5. Benchmark Insurance Company v. SUNZ Insurance CompanyDistrict Court, D. Minnesota · 2021

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