O'Keefe v. Van Boening

BOOCHEVER, Circuit Judge:

A state prisoner sued various prison officials pursuant to 42 U.S.C. § 1983 (1988), alleging that the prison’s mail policy violated his First Amendment right to seek redress for grievances. Under the prison’s mail poli-*323ey, “legal mail,” although broadly defined, does not include grievances sent by prisoners to some state agencies or officials. Consequently, for the purpose of inspecting for contraband, evidence of criminal activity, or threats to prison security, prison mailroom employees can open and read these grievances and any responses, outside the presence of…