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FONTROY v. BEARD

Civil Action No. 02-2949.

485 F.Supp.2d 592 (2007)

Derrick Dale FONTROY, I., Theodore B. Savage, J.D., and Aaron Christopher Wheeler v. Jeffrey A. BEARD, David Diguglielmo, and Kim Ulisny.

United States District Court, E.D. Pennsylvania.

May 3, 2007.

Attorney(s) appearing for the Case

Derrick Dale Fontroy, I., Labelle, PA, Pro se.

Theodore B. Savage, J.D., Cresson, PA, Pro se.

Aaron Christopher Wheeler, Graterford, PA, Pro se.

MEMORANDUM OPINION

SAVAGE, District Judge.

The plaintiffs, state prisoners, challenge the constitutionality of the Pennsylvania prison mail policy that permits prison staff to open incoming legal and court mail that does not bear a prison issued control number outside the presence of the inmates. That opening a prisoner's legal mail outside his presence impinges his First Amendment right to freedom of speech is established. Whether the Pennsylvania...

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