AL-AMIN v. SMITH

No. 06-15248.

511 F.3d 1317 (2008)

Jamil AL-AMIN, Plaintiff-Appellee, v. Warden Hugh SMITH, Admin. Asst. Sanche M. Martin, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 7, 2008.


Attorney(s) appearing for the Case

Andrew M. Magruder, Sp. Asst. Atty. Gen., Augusta, GA, Devon Orland, Atlanta, GA, for Defendants-Appellants.

A. Stephens Clay, IV (Court-Appointed), Kilpatrick Stockton, LLP, Atlanta, GA, for Al-Amin.

Before TJOFLAT, HULL and WILSON, Circuit Judges.


HULL, Circuit Judge:

In this 42 U.S.C. § 1983 action, plaintiff-appellee, a state prisoner, alleges that defendants-appellants repeatedly opened his privileged attorney mail outside of his presence and thereby violated his constitutional rights to access to the courts and free speech. Defendants appeal the denial of their motion for summary judgment on qualified immunity grounds. After review and oral argument, we reverse the district court's qualified immunity...

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