KINDRED v. DUCKWORTH

No. 92-3803.

9 F.3d 638 (1993)

James H. KINDRED, Plaintiff-Appellant, v. Jack R. DUCKWORTH, in his capacity as Superintendent of the Indiana Reformatory, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 9, 1993.


Attorney(s) appearing for the Case

Patrick Stern (argued), Indianapolis, IN, for plaintiff-appellant.

Kermit R. Hilles, David A. Arthur (argued), Dist. Attys. Gen., Office of the Atty. Gen., Federal Litigation, Indianapolis, IN, for defendants-appellees.

Before EASTERBROOK and KANNE, Circuit Judges, and ENGEL, Senior Circuit Judge.


ENGEL, Senior Circuit Judge.

The issue in this appeal is whether the Indiana Reformatory's recently-implemented policy of requiring inmates to open confidential correspondence in the presence of staff, as applied, comports with the terms of an earlier consent decree. The district court found the two compatible. We conclude they are not.

Having so concluded, we remand to the district court to determine whether subsequent legislation, applicable system-wide...

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