Mangiaracina v. Penzone, No. 14-15271 (9th Cir. 2017)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983, alleging First and Sixth Amendment claims arising from jail employees opening legal mail outside plaintiff's presence. The district court dismissed the claims. The court clarified that, under Nordstrom v. Ryan, prisoners have a Sixth Amendment right to be present when legal mail related to a criminal matter is inspected; plaintiff alleged sufficient facts to state a claim for improper opening of his incoming legal mail on November 9, 2012 and March 12, 2013; the remaining counts were properly dismissed because plaintiff failed to allege that the mail was properly marked as legal mail; and the district court erred in dismissing plaintiff's First Amendment claim in a concurrently filed opinion, Hayes v. Idaho Correctional Center. Accordingly, the court affirmed in part, reversed in part, and remanded.