Brief for the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.
Argument: The Court has assessed the objective reasonableness of alleged civil liberties deprivations by law enforcement personnel for more than a century. The Court has applied the objective reasonableness test to excessive force cases. The Court’s reasoning in support of the objective reasonableness test is equally applicable to cases involving pretrial detainees.
Brief of Amici Curiae New York County Lawyers Association and National Association of Criminal Defense Lawyers; Urging Reversal.
Argument: Outgoing inmate legal mail should be held to the highest protective constitutional standard. Arizona's outgoing legal mail policy is overbroad. The Arizona Department of Corrections (ADC's) outgoing legal mail policy lacks procedural safeguards. The ADC policy does not legitimately further the interests of penal administration. The ADC outgoing legal mail policy functions as an automatic privilege waiver. Overbroad legal mail policies raise Eighth Amendment and due process concerns. ADC's outgoing legal mail policy is particularly likely to violate the rights of death row inmates. ADC's outgoing legal mail policy is particularly likely to violate the rights of pretrial detainees.