Keenan v. Hall
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Sallier v. Brooks adopted the opposite rule, as listed below. Other opinions applied Keenan's rules on prison conditions or used nearby adverse language for other cases. Withdrawn or vacated opinions supplied no treatment.
977 later cases cite Keenan v. Hall; 114 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 Keenan v. Hall?
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
Declined to follow
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The Sixth Circuit rejected Keenan's exclusion of court mail from protected legal mail and held that such mail cannot be opened outside the requesting prisoner's presence.
Sallier v. Brooks · Sixth Circuit · filed
but see Keenan v. Hall, 83 F.3d 1083, 1094 (9th Cir.l996)(citing Martin for the proposition that “mail from the courts, as contrasted to mail from a prisoner’s lawyer, is not legal mail”). ... However, prior decisions from our court have used the term “legal mail” to include mail from the courts and have expressed disagreement with Martin’s rationale that mail from a court is automatically a matter of public record. ... we hold that mail from a court constitutes “legal mail” and cannot be opened outside the presence of a prisoner who has specifically requested otherwise.
Read the full opinion on CourtListener →
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