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MITCHELL v. PEOPLES

No. 19-14505.

10 F.4th 1226 (2021)

Rico L. MITCHELL, Plaintiff-Appellee, v. Duval County Jail Captain R. Sisak Sergeant PEOPLES, Defendants, Lt. Smith, Sgt. Clark, Officer J.M. Perkins, Detective Eileen Simpson, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 26, 2021.

Attorney(s) appearing for the Case

Michael Rosen Baumrind , Bondurant Mixson & Elmore, LLP, Atlanta, GA, for Plaintiff-Appellee.

Rico L. Mitchell, Lake Butler, FL, Pro Se.

Craig Dennis Feiser , Jon Robert Phillips , Office of General Counsel, City of Jacksonville, Jacksonville, FL, for Defendants-Appellants.

Before BRANCH, GRANT, and TJOFLAT, Circuit Judges.

A simple rule has governed prison mail procedures in our Circuit for nearly 50 years: a prison official may not open an inmate's properly marked legal mail outside of his presence. But that is precisely what Rico Mitchell alleges happened—repeatedly —to his legal mail at the Duval County Jail. According to Mitchell...

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