Heimerle v. Attorney General

JOHN O. NEWMAN, Circuit Judge. This case concerns the circumstances under which prison officials may read a prisoner's correspondence with the outside world. James F. Heimerle brought this action to enjoin prison officials from reading his mail. Heimerle now appeals pro se from an order of the District Court for the Southern District of New York (Leonard B. Sand, Judge) denying his motion for judgment on the pleadings or for summary judgment and granting appellees' cross-motion for summary judgment. Heimerle v. Attorney General, 575 F. Supp. 1175 (S.D.N.Y. 1983). For the reasons given below, we reverse and remand. Background The issue in this case can best be understood against the background of the regulatory scheme of the Federal Bureau of Prisons concerning inmates' mail. 28 C.F.R. part 540, subpart B (1984). The regulations distinguish between ""General Correspondence"" and ""Special Mail."" The latter category, which is not at issue in this case, covers mail sent to and received from government officials and attorneys. 28 C.F.R. § 540.2(c). All incoming general correspondence is opened and inspected for contraband and may be read by prison staff ""as frequently as deemed necessary to maintain security or monitor a particular problem confronting an inmate."" Id. § 540.13(b).1 Outgoing general correspondence from inmates in security level 4, 5, or 6 institutions (the three most secure of the Bureau of Prisons' six categories of prisons) may not be sealed by the inmate and may be inspected and read by prison staff. Id. § 540.13(d). Outgoing general correspondence from inmates in security level 1, 2, or 3 institutions is normally sent unopened and uninspected but may be opened under certain specified conditions.2 Id. § 540.13(c). Outgoing special mail is not subject to inspection. Id. § 540.17(c). Incoming special mail may be opened in the presence of the inmate and inspected for contraband, but the correspondence may not be read. Id. § 540.17(a).