E.D.N.Y.: A single incident of legal mail being opened in jail doesn’t state a claim

A single incident of legal mail being opened before it got to plaintiff in a county jail doesn’t state a constitutional violation. Braithwaite v. Suffolk Cty. N.Y., 2022 U.S. Dist. LEXIS 204233 (E.D.N.Y. Nov. 9, 2022).

There is no reasonable expectation of privacy in outgoing calls from a county jail. Assa’Ad-Faltas v. Moye, 2022 U.S. Dist. LEXIS 203866 (D.S.C. Sep. 21, 2022).*

Officers were trained to use a sternum rub when a person is unresponsive. The bodycam video shows it was reasonable here. Also, officers helped pull up her pants when she was unresponsive. That too was reasonable. Davis v. Richardson, 2022 U.S. App. LEXIS 31085 (5th Cir. Nov. 9, 2022).* [Proof that no good deed goes unpunished.]

Qualified immunity granted on appeal: “Although we agree with the district court that Officer Klamser’s use of force violated the Fourth Amendment, we disagree that clearly established law existing at the time of the incident would have put a reasonable officer on notice that his conduct was unlawful. Accordingly, we reverse.” Surat v. Klamser, 2022 U.S. App. LEXIS 31011 (10th Cir. Nov. 9, 2022).*

“Additionally, the record indicates that the district court properly dismissed McCoig’s Fourth Amendment claim because it found probable cause existed for McCoig’s arrest. See Washington, 25 F.4th at 898 (‘Probable cause renders a seizure pursuant to legal process reasonable under the Fourth Amendment.’); Wood v. Kesler, 323 F.3d 872, 878 (11th Cir. 2003) (‘An arrest does not violate the Fourth Amendment if the police officer has probable cause for the arrest.’)” McCoig v. City of Rockledge, 2022 U.S. App. LEXIS 31054 (11th Cir. Nov. 9, 2022).*