U.S. v. STOTTS

Nos. 90-7012, 90-6859.

925 F.2d 83 (1991)

UNITED STATES of America, Appellant, v. Michael Jeffrey STOTTS, III, Plaintiff-Appellee, Edwin Meese; Norman A. Carlson; Gary R. McCune; Sam Samples; Lara Tuggle; Ronnie Alston, All sued in their individual and official capacities; J. Michael Quinlan, In his official capacity as Director of the Bureau of Prisons, Defendants, and North Carolina Civil Liberties Union Legal Foundation, Amicus Curiae. UNITED STATES of America, Appellant, v. Michael Jeffrey STOTTS, III, Plaintiff-Appellee, Edwin Meese; Norman A. Carlson; Gary R. McCune; Sam Samples; Lara Tuggle; Ronnie Alston, All sued in their individual and official capacities; J. Michael Quinlan, In his official capacity as Director of the Bureau of Prisons, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1991.


Attorney(s) appearing for the Case

Eileen G. Coffey, Asst. U.S. Atty., argued (Margaret Person Currin, U.S. Atty., R.A. Renfer, Jr., Asst. U.S. Atty., on brief), Raleigh, N.C., for appellant.

Marvin Ray Sparrow, North Carolina Prisoner Legal Services, Inc., Raleigh, N.C., for plaintiff-appellee.

Jonathan A. Blumberg, Melissa H. Hill, Tharrington, Smith & Hargrove, Raleigh, N.C., for amicus curiae.

Before ERVIN, Chief Judge, WILKINSON, Circuit Judge, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.


WILKINSON, Circuit Judge:

This case involves a constitutional challenge to regulations promulgated by the United States Bureau of Prisons concerning the handling of incoming prisoner mail. The regulations at issue specify how incoming mail must be marked to qualify for confidential treatment as special or legal correspondence. The federal magistrate judge held that the regulations unconstitutionally obstructed prisoner Stotts' right of access to the courts and his...

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