No. 23A376

Ralph Harrison Benning v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-10-25
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: due-process email-censorship first-amendment prisoner-rights procedural-safeguards qualified-immunity
Key Terms:
DueProcess FirstAmendment
Latest Conference: N/A
Question Presented (from Petition)

Whether censorship of prisoner emails, without any notice that the emails are being censored, nor any opportunity to challenge the decision before a neutral decisionmaker, obviously violates the Due Process Clause of the Fourteenth Amendment under this Court's decision in Procunier v. Martinez, 416 U.S. 396, 418 (1974), which clearly established that censoring outgoing physical mail without notice and an opportunity to challenge the decision before a neutral decisionmaker violates the Due Process Clause of the Fourteenth Amendment.

Question Presented (AI Summary)

Whether the Due Process Clause of the Fourteenth Amendment requires prison officials to provide notice and an opportunity to challenge the censorship of prisoner emails before such communications are intercepted

Docket Entries

2023-10-25
Application (23A376) granted by Justice Thomas extending the time to file until December 15, 2023.
2023-10-23
Application (23A376) to extend the time to file a petition for a writ of certiorari from November 15, 2023 to January 12, 2024, submitted to Justice Thomas.

Attorneys

Ralph Harrison Benning
Robert Stanton JonesArnold & Porter Kaye Scholer LLP, Petitioner