CENTENO v. DEPT. OF CORRESP. OF ATTICA CORR. FAC.

No. Civ-1974-57.

408 F.Supp. 1117 (1976)

Application of Epifanio CENTENO, Petitioner, v. DEPARTMENT OF CORRESPONDENCE OF the ATTICA CORRECTIONAL FACILITY, and Harold Smith, Superintendent of Attica Correctional Facility, Defendants.

United States District Court, W. D. New York.

February 26, 1976.


Attorney(s) appearing for the Case

Epifanio Centeno, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City (Douglas S. Cream, Buffalo, N. Y., of counsel), for defendants.


CURTIN, Chief Judge.

This is an action by the petitioner, who claims that while he was incarcerated at the Attica Correctional Facility a letter from a state appellate court, dated January 4, 1974, was opened and read, outside of his presence, in violation of the institutional rules that special correspondence such as this letter is not to be read, but only opened to check for contraband, in the presence of the inmate. N. Y. Dept. of Correctional Services Adm. Bull...

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