Legal Opinion

Leon G. Schack v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided June 10, 1968No. 25259PublishedCited by 16 opinions

1Per curiam

This is an appeal from a denial of injunctive relief to a Florida State convict.

The appellant is an inmate of the Florida State Prison at Raiford. He petitioned the district court for an injunction to obtain the right to have his mail relating to legal proceedings sent “postage prepaid by certified mail — return receipt requested”. It is undisputed that the prison authorities have agreed to mail the appellant’s correspondence and to give assurance that it has been posted.

The district court held that: “The control of mail to and from prisons is a necessary adjunct to penal administration.…

2Cases cited5 opinions

  1. John Alfred Lee v. Ralph H. Tahash, WardenCourt of Appeals for the Eighth Circuit · 1965
  2. James G. McCloskey v. State of MarylandCourt of Appeals for the Fourth Circuit · 1964
  3. Adams v. EllisCourt of Appeals for the Fifth Circuit · 1952
  4. Edgar Labat v. The Honorable John J. McKeithen Governor of the State of LouisianaCourt of Appeals for the Fifth Circuit · 1966
  5. Ex parte WilsonDistrict Court, E.D. South Carolina · 1964

3Cited by16 opinions

  1. Nazareth Gates, and United States of America, Plaintiff-Intervenor-Appellee v. John Collier, Superintendent, Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1974
  2. Joseph Taylor v. W. L. SterrettCourt of Appeals for the Fifth Circuit · 1976
  3. McCray v. SullivanCourt of Appeals for the Fifth Circuit · 1975
  4. Theriault v. CarlsonDistrict Court, N.D. Georgia · 1972
  5. James Donald Brown v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969

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