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HEIMERLE v. ATTORNEY GENERAL

No. 82 Civ. 5900 (LBS).

575 F.Supp. 1175 (1983)

James F. HEIMERLE, Plaintiff, v. ATTORNEY GENERAL, United States of America, Director, United States Bureau of Prisons, Warden, Federal Correctional Institution, Otisville, New York, John Doe, Jane Doe, Correctional Officers, Federal Correctional Institution, Otisville, New York, John Doe, Jane Doe, Supervisory Staff, Federal Correctional Institution, Otisville, New York, Defendants.

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

December 13, 1983.

Attorney(s) appearing for the Case

Donovan, Maloof, Walsh & Kennedy, New York City, for plaintiff; James F. Sweeney, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants; Stephen A. Dvorkin, Asst. U.S. Atty., New York City, of counsel.

OPINION

SAND, District Judge.

The plaintiff, James F. Heimerle, has brought this action pursuant to 42 U.S.C. § 1983 to challenge the constitutionality of 28 C.F.R. § 540.13, promulgated by the Bureau of Prisons.1 Plaintiff claims that the regulation in question violates his First Amendment rights with respect to the reading of his general correspondence.2 Plaintiff seeks injunctive relief...

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