Legal Opinion
Julio Giano v. Daniel Senkowski, Superintendent, Clinton Correctional Facility Thomas Coughlin, Commissioner, Department of Correctional Services
Court of Appeals for the Second Circuit
Decided May 16, 1995No. 359, Docket 94-2167PublishedCited by 272 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
In July 1991, inmate Julio Giano’s girlfriend sent him án envelope containing two semi-nude photographs of herself. Pursuant to prison policy, a prison mailroom employee confiscated the photographs.
Giano filed an action under 42 U.S.C. § 1983 in the United States District Court for the Northern District of New York (Neal P. MeCurn, Judge), against two high ranking prison officials. He argued that the prison’s policy banning sexually explicit photographs of inmates’ wives and girlfriends violated his right to free speech under the First Amendment and his right to…
2Cases cited22 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Wolff v. McDonnellSupreme Court of the United States · 1974
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Turner v. SafleySupreme Court of the United States · 1987
- Connally v. General Construction Co.Supreme Court of the United States · 1926
17 more not listed; retrieve them via the Exa API.
3Cited by272 opinions
- Christopher J. Farrell v. Corey Burke and Gregory Freeman, Docket No. 05-0169 CvCourt of Appeals for the Second Circuit · 2006
- Thomas v. RoachCourt of Appeals for the Second Circuit · 1999
- Bonnie M. KERZER, Plaintiff-Appellant, v. KINGLY MANUFACTURING, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
- Wright v. New York State Department of CorrectionsCourt of Appeals for the Second Circuit · 2016
- Phillips v. GirdichCourt of Appeals for the Second Circuit · 2005
267 more not listed; retrieve them via the Exa API.