Case Citator › Bieregu v. Reno

Bieregu v. Reno

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Third Circuit
Citation
59 F.3d 1445
Decided
Confirmed treatments
1
Flagged citations read
69 of 69
Citing cases (total)
69
Treatment dates
1997

Status

Overruled in part
A reviewed court has overruled part of this case’s holding. Bieregu v. Reno was overruled in part. Oliver v. Fauver held that its rule excusing proof of actual injury in a court access claim no longer applies after Lewis v. Casey.
More on how this was screened

Its separate free speech holding about repeated opening of properly marked legal mail remains distinct. All 69 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

69 later cases cite Bieregu v. Reno; 69 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Bieregu v. Reno?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Third Circuit held that Lewis v. Casey effectively overruled Bieregu's rule that a prisoner need not prove actual injury when alleging interference with court access through legal mail.

    Oliver v. Fauver · Third Circuit · filed

    It is clear, then, that Casey has effectively overruled Bieregu. Accordingly, we reject Oliver's reliance on Bieregu to avoid the actual injury requirement.
    Read the full opinion on CourtListener →

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