Legal Opinion

John Diaz v. John Palakovich

Court of Appeals for the Third Circuit

Decided October 14, 2011No. 09-2288UnpublishedCited by 41 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge:

John Diaz appeals the denial of leave to amend his complaint and the grant of summary judgment on his claim that certain employees of the Pennsylvania Department of Corrections, State Correctional Institution at Smithfield (SCI-Smithfield) engaged in a pattern or practice of opening his legal mail outside of his presence. For the reasons expressed below, we will va-caté the order of the District Court granting summary judgment and denying leave to amend.

I. Background 1

A. Diaz’s Grievances

Pennsylvania Department of Corrections (DOC) policy, DC-ADM 803, Inmate Mail…

2Cases cited15 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Jones v. BockSupreme Court of the United States · 2007
  3. Woodford v. NgoSupreme Court of the United States · 2006
  4. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  5. Rode v. DellarcipreteCourt of Appeals for the Third Circuit · 1988

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3Cited by41 opinions

  1. ALI-X v. MCKISHENDistrict Court, D. New Jersey · 2019
  2. Antwan Mitchell v. Major Moore, Warden Steven AngelucciDistrict Court, E.D. Pennsylvania · 2026
  3. Ayers v. Commissioner Perry PhelpsDistrict Court, D. Delaware · 2024
  4. Bowers v. BenchtoldDistrict Court, M.D. Pennsylvania · 2025
  5. Brown v. HaldemanDistrict Court, M.D. Pennsylvania · 2023

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