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FAULKNER v. McLOCKLIN

No. S88-588.

727 F.Supp. 486 (1989)

Gary L. FAULKNER, Plaintiff, v. Richard McLOCKLIN, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

As Amended December 15, 1989.

Attorney(s) appearing for the Case

Earl I. Studtmann, Portage, Ind., for plaintiff.

F.E. Rakestraw, Rochester, Ind., for defendant.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause poses a difficult issue concerning a jail inmate's right to be present when his legal mail is opened to check for contraband. During plaintiff Gary L. Faulkner's nine months as a pretrial detainee in the county jail in Fulton County, Indiana in 1988, jail officials opened, outside his presence, certain letters addressed to him. He brings this suit pursuant to 42 U.S.C. § 1983, seeking an award...

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