Dennis James Gardner v. Mary Howard

LOKEN, Circuit Judge.

Nebraska inmate Dennis Gardner seeks relief under 42 U.S.C. § 1983, alleging that prison officials have twice opened his incoming legal mail. Defendants appeal the district court’s denial of summary judgment on qualified immunity grounds. We reverse.

I

Mary Howard is a Mail Clerk in the Omaha Correctional Center mailroom. On March 1, 1995, she accidentally opened an incoming envelope containing confidential correspondence from Gardner’s attorney. Realizing her mistake, Howard stapled the envelope shut without reading or inspecting its contents. Howard attached a…