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Positive treatment
6.2 score
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited "but see"
William Bell-Bey v. Beverly Williams
See, e.g., Pairish v. Johnson, 800 F.2d 600, 604 (6th Cir.1986) (citing several circuit court holdings that a prisoner's legal mail may not be read and may be opened only in the prisoner’s presence); but see Brewer v. Wilkinson, 3 F.3d 816, 825 (5th Cir.1993) (finding no constitutional violation where incoming legal mail opened and inspected outside of prisoner’s presence), cert. denied, — U.S. -, 114 S.Ct. 1081 , 127 L.Ed.2d 397 (1994). 6 .
discussed
Cited "see"
Self v. City of Mansfield
See Mangieri v. Clifton , 29 F.3d 1012 , 1015 (5th Cir. 1994) (citing Siegert v. Gilley , 500 U.S. 226 , 231-33, 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991), and Brewer v. Wilkinson , 3 F.3d 816 , 820 (5th Cir. 1993), cert. denied , 510 U.S. 1123 , 114 S.Ct. 1081 , 127 L.Ed.2d 397 (1994) ).
discussed
Cited "see"
United States v. Green
(2×)
See United States v. Johnson, 4 F.3d 904, 913-14 (10th Cir.1993) (holding that all teachers may be removed from a jury venire), cert. denied, 510 U.S. 1123 , 114 S.Ct. 1081 , 127 L.Ed.2d 398 (1994); United States v. Davis, 40 F.3d 1069, 1077 (10th Cir.1994) (same).
discussed
Cited "see"
Livingston v. Desoto Independent School District
See Mangieri v. Clifton, 29 F.3d 1012, 1015 (5th Cir.1994) (citing Siegert v. Gilley, 500 U.S. 226, 231-33 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991), and Brewer v. Wilkinson, 3 F.3d 816, 820 (5th Cir.1993), cert. denied, 510 U.S. 1123 , 114 S.Ct. 1081 , 127 L.Ed.2d 397 (1994)).
cited
Cited "see"
Pearson v. Simms
See Brewer v. Wilkinson, 3 F.3d 816, 825 (5th Cir.1993), cert. denied, 510 U.S. 1123 , 114 S.Ct. 1081 , 127 L.Ed.2d 397 (1994).
discussed
Cited "see"
Polyns Bieregu v. Janet Reno L. Yearby G. Berman, All Employees of Mail Room Staffs
(2×)
See Brewer v. Wilkinson, 3 F.3d 816, 825 (5th Cir.1993) (opening incoming attorney or court mail outside inmate's presence does not violate prisoner's rights to free speech or court access), cert. denied, --- U.S. ----, 114 S.Ct. 1081 , 127 L.Ed.2d 397 (1994); Walker v. Navarro County Jail, 4 F.3d 410, 413 (5th Cir.1993).
discussed
Cited "see"
Bieregu v. Reno
See Brewer v. Wilkinson, 3 F.3d 816, 825 (5th Cir. 1993) (opening incoming attorney or court mail outside inmate's presence does not violate prisoner's rights to free speech or court access), cert. denied, ___ U.S. ___, 114 S.Ct. 1081 (1994); Walker v. Navarro County Jail, 4 F.3d 410, 413 (5th Cir. 1993).
cited
Cited "see"
Cory Wayne McFarland v. Mark H. Luttrell, Warden Janisse Bishop Susie Boswell-Boykin C. Mallory D. Mills Jane Doe John Doe
See Brewer v. Wilkinson, 3 F.3d 816, 820-21 (5th Cir.1993), cert. denied, 114 S.Ct. 1081 (1994). 12 In addition, McFarland's claim is not clearly baseless.
discussed
Cited "see"
Harry Bout v. Joseph Abramajtys
III. 14 For all the foregoing reasons, this matter is REVERSED and REMANDED for further proceedings not inconsistent with this opinion. 1 Defendant is sued in his individual capacity 2 Plaintiff's reference to a Sixth Amendment right to effective representation is inapposite, because "its reach is only to protect the attorney-client relationship from intrusion in the criminal setting." Wolff v. McDonnell, 418 U.S. 539, 576 (1974); see Brewer, 3 F.3d 816 , 822 n. 8 (5th Cir.1993), cert. denied, 114 S.Ct. 1081 (1994) 3 Plaintiff argues that the regulation does not satisfy one of the substantial …
discussed
Cited "see, e.g."
Hernandez v. McGinnis
See Thornburgh v. Abbott, 490 U.S. 401 , 410 n. 9, 109 S.Ct. 1874 , 104 L.Ed.2d 459 (1989) (“any attempt to forge separate standards for cases impheating *227 the [First Amendment] rights of outsiders [and inmates] is out of step with” Supreme Court case law); see also Brewer v. Wilkinson, 3 F.3d 816 , 823 n. 9 (5th Cir.1993) (“the Thornburgh Court stressed ... that even though prison regulations or practices might burden the fundamental rights of ‘outsiders,’ the proper inquiry was whether the regulation or practice in question was reasonably related to legitimate penological object…
discussed
Cited "see, e.g."
Stanley L. Boswell v. Robert Mayer and Melinda Cieslinski
Compare Bieregu v. Reno, 59 F.3d 1445, 1452 (3d Cir.1995) (emphasizing that the Court has abandoned the distinction between free speech rights of inmates and outsiders), with Brewer v. Wilkinson, 3 F.3d 816, 825 (5th Cir.1993) (focusing on Abbott's overruling of past doctrine), cert. denied, 510 U.S. 1123 , 114 S.Ct. 1081 , 127 L.Ed.2d 397 (1994).
discussed
Cited "see, e.g."
Hall v. Conklin
Lavado v. Keohane, 992 F.2d 601, 607-09 (6th Cir.1993); see also Brewer v. Wilkinson, 3 F.3d 816, 825 (5th Cir.1993) (court abandoned the per se rule that the Constitution requires that the opening and inspection of legal mail be in the presence of the inmate), cert. denied, 510 U.S. 1123 , 114 S.Ct. 1081 , 127 L.Ed.2d 397 (1994).
discussed
Cited "see, e.g."
United States v. Dettloff
An upward departure may be warranted, however, in the case of a defendant who did not ... manage[ ] or supervise another participant, but who nevertheless exercised management responsibility over the property, assets, or activities of a criminal organization. 14 Id. comment. (n. 2); see also United States v. Johnson, 4 F.3d 904, 917-18 (10th Cir.1993) (government only required to show that defendant was responsible for managing or supervising one of the criminal participants), cert. denied, 114 S.Ct. 1081 (1994). 15 The evidence supports the finding that Dettloff managed or supervised O'Neal, …
discussed
Cited "see, e.g."
Rakim A. Muhammad v. Terry A. Pitcher Dorothy Stiller and Laura Siers
(2×)
See also Brewer v. Wilkinson, 3 F.3d 816, 824-25 (5th Cir.1993) (holding that Turner governs claims pertaining to prisoners' access-to-courts claims arising from prison's opening incoming legal mail out of the addressee's presence), cert. denied, --- U.S. ----, 114 S.Ct. 1081 , 127 L.Ed.2d 397 (1994). 25 Applying Turner to the present case, we must determine whether MDOC's policy--that of treating mail sent to an inmate from the state Attorney General as ordinary mail rather than legal mail--is reasonably related to legitimate penological objectives.
Retrieving the full opinion text from the archive…
Long
v.
Fauver, Commissioner, New Jersey Department of Corrections
v.
Fauver, Commissioner, New Jersey Department of Corrections
93-7004.
Supreme Court of the United States.
Feb 22, 1994.
Published
Long
v.
Fauver, Commissioner, New Jersey Department of Corrections, et al.
No. 93-7004.
Supreme Court of United States.
February 22, 1994.
1
Appeal from the C. A. 3d Cir.
2
Certiorari denied. Reported below: 5 F. 3d 1489.