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GARDNER v. HOWARD

No. 96-1889.

109 F.3d 427 (1997)

Dennis James GARDNER, Plaintiff-Appellee, v. Mary HOWARD; John Dahm, Warden, Omaha Correctional Center; Harold W. Clarke, Director, Nebraska Department of Correctional Services, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1997.

Attorney(s) appearing for the Case

Terri Marie Weeks, argued, Lincoln, NE (Don Stenberg, on the brief), for appellant.

Julie A. Frank, argued, Omaha, NE, for appellee.

Before BEAM and LOKEN, Circuit Judges, and MOODY, District Judge.

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...

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