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THOMPSON v. JOHNSON

April 8, 1976

LEROY THOMPSON
v.
ROBERT L. JOHNSON (Supt.), et al.



The opinion of the court was delivered by: LUONGO

LUONGO, J.

 This matter is before me on the application of Leroy Thompson to hold Ronald Marks, Julius Cuyler and Charles Batdorf in contempt of a Consent Order entered December 3, 1974, and seeking an award of damages against each. Hearing was held on the application on May 19, 1975. *fn1" From pleadings and proof, I make the following

 FINDINGS OF FACT

 1. Plaintiff, Leroy Thompson, was an inmate at the State Correctional Institution at Graterford (hereinafter Graterford) from July 13, 1973 until March 11, 1975, on which date he was transferred to the State Correctional Institution at Dallas (hereinafter Dallas). Thompson was returned to Graterford on April 18, 1975, and remained there until the date of the hearing.

 2. On July 11, 1974, Thompson filed suit claiming, inter alia, interference with his mail. Pursuant to the recommendation of Magistrate Richard A. Powers, III, leave was granted to Thompson to proceed in forma pauperis, limited to the single claim of mail interference. Under Local Rule 9 1/2, student counsel, under the supervision of a practicing attorney, were appointed to represent Thompson.

 3. Bureau of Correction Administrative Directive No. 803, effective September 1, 1972 and revised March 12, 1973, provides in part:

 
"III. PRIVILEGED CORRESPONDENCE
 
A. Residents shall be permitted to send sealed letters to the following persons or organizations:
 
1. Elected federal, state or local officials
 
2. Appointed federal, state or local officials
 
3. Staff members of these agencies
 
4. Lawyers
 
5. News Media
 
B. Mail to these persons shall not be opened or censored. Mail from these persons shall be delivered to the housing unit officer, opened by the addressee in his presence and checked for contraband as a precaution in ...

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