LOUISVILLE, Ky. (WDRB) -- The American Civil Liberties Union of Kentucky is accusing the state Department of Corrections of making it hard for inmates to speak with their attorneys confidentially.
In a lawsuit, the ACLU argues that, in the past, the DOC has allowed legal mail to be opened in the presence of an inmate to inspect for contraband only. The suit claims several of the department's facilities have recently been taking away legal mail and photocopying it, giving the copy to an inmate instead of the original "without formally changing" its mail policy.
"There is no evidence any contraband has ever been delivered via legal mail, so these changes are unnecessary and unduly onerous," the ACLU said in a news release Tuesday. "Legal precedent states that prison authorities have the right to retain the envelope after inspecting legal mail for contraband, but must hand the original letter to the incarcerated recipient without reading it."
In most cases, the ACLU said the copy is not complete and the original mail is left available for others to read.
The lawsuit, which the ACLU of Kentucky filed along with the Department of Public Advocacy, claims these actions are a violation of the First and Fourteenth Amendments and "several Kentucky statutes," and requests the court to suspend the new practices.
The full complaint can be read by clicking here.
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