Webb v. Butler

1 Citing case

  1. Wright v. Lassiter

    CIVIL 1:18-cv-90-KDB (W.D.N.C. Jun. 9, 2022)

    After considering the Plaintiff's statements and carefully reviewing the mail at issue, the Court ruled orally that the letter is not “legal mail” as a matter of law because the letter at issue did not involve confidential legal communications but rather was a non-privileged communication to the NC Judicial Standards Commission (even though as a lay person Plaintiff Wright considered the letter to be “legal” in nature). See, e.g., Wolff v. McDonnell, 418 U.S. 539 (1974) (addressing the opening of attorney-prisoner mail); Haze v. Harrison, 961 F.3d 654, 656 (4th Cir. 2020) (addressing the opening of attorney-pretrial detainee mail); see also Webb v. Butler, 2021 WL 4447629, *11 n.13 (E.D. N.C. Sept, 28, 2021) (“The court is aware of no authority extending the protections to mail the inmate himself deems legal in nature regardless of the addressee”); NCDPS Policy & Procedure, Inmate Use of the Mail 3.0308(b) (defining “Legal Mail” as “Mail to and from attorneys, state and federal courts, the Attorney General of the United States or the Attorney General of North Carolina, the judiciary, and the Industrial Commission, consular officials, or legal aid services or a paralegal”).