Bach v. People of State of Ill., No. 73-1290

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtBefore SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and CUMMINGS; PER CURIAM
Citation504 F.2d 1100
Docket NumberNo. 73-1290
Decision Date08 July 1974
PartiesErnest BACH, Plaintiff-Appellant, v. PEOPLE OF the STATE OF ILLINOIS and Peter B. Bensinger et al., Defendants-Appellees.

Page 1100

504 F.2d 1100
Ernest BACH, Plaintiff-Appellant,
v.
PEOPLE OF the STATE OF ILLINOIS and Peter B. Bensinger et
al., Defendants-Appellees.
No. 73-1290.
United States Court of Appeals, Seventh Circuit.
Argued Jan. 21, 1974.
Decided Feb. 15, 1974, Certiorari Denied July 8, 1974, See
94 S.Ct. 3202.

Page 1101

Ernest Bach, Ivan E. Bodensteiner, Valparaiso University, School of Law, Valparaiso, Ind., for plaintiff-appellant.

Frank S. Merritt and Howard M. Rubin, Chicago, Ill., for amicus.

William J. Scott, Atty. Gen., James B. Zagel, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and CUMMINGS, Circuit Judge.

PER CURIAM.

Plaintiff Ernest Bach brought a civil rights action seeking declaratory and injunctive relief along with monetary damages against various state prison officials. In his pro se complaint, plaintiff alleges certain irregularities in the handling of his mail while being incarcerated in a state penitentiary. The district court granted defendants' motion to dismiss for failure to state a claim upon which relief could be granted. Plaintiff has appealed. We reverse.

The facts as alleged by plaintiff are summarized as follows. In May 1972 plaintiff, after receiving authority from the appropriate prison personnel, wrote two letters 'containing very confidential and embarrassing information about family problems' to his mother and father-in-law and his sister-in-law. The letters were not delivered as addressed but rather forwarded to the Chicago law firm of Downs, Haddix and Schwab along with a cover letter from a prison official directing the lawyers to do with them what they thought appropriate. About a month later, during an interview with a member of the law firm, plaintiff learned that his two letters had been misdirected. According to plaintiff the delay caused in the eventual delivery of the letters 'nullified any effect they may have had in preventing future trouble and deterioration of an already delicate family relationship.' In July 1972 plaintiff desired to send another letter to a Chicago attorney concerning a civil matter. This letter was returned after prison officials had misaddressed the same. After correspondence with various prison and elected officials about these instances, the present action was commenced.

Plaintiff contends that the district court erred in dismissing his complaint. Plaintiff's challenge is predicated upon his...

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80 practice notes
  • Dawson v. Kendrick, Civ. A. No. 78-1076.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 10, 1981
    ...contained in the correspondence may diminish an inmate's lawful access to the courts." Id. at 476. Of like effect are Bach v. Illinois, 504 F.2d 1100 (7th Cir.), cert. denied, 418 U.S. 910, 94 S.Ct. 3202, 41 L.Ed.2d 1156 (1974), and Moore v. Ciccone, 459 F.2d 574 (8th Cir. 1972) (concurring......
  • Lavado v. Keohane, No. 91-6442
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 22, 1993
    ...courts in so holding. Among the "several courts" we noted were: Taylor v. Sterrett, 532 F.2d 462, 477 (5th Cir.1976); Bach v. Illinois, 504 F.2d 1100, 1102 (7th Cir.) (per curiam), cert. denied, 418 U.S. 910, 94 S.Ct. 3202, 41 L.Ed.2d 1156 (1974); Smith v. Robbins, 454 F.2d 696 (1st Cir.197......
  • Taylor v. Sterrett, No. 74-3964
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 1, 1976
    ...impermissible burden on the process of consultation between attorneys and their clients. In a later case, Bach v. Illinois, 7 Cir. 1974, 504 F.2d 1100, 1102, the Court held that an inmate is entitled to be present during the opening of his legal mail. The inspection of this mail outside of ......
  • Parrish v. Johnson, No. 84-1642
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 5, 1986
    ...not be read and may only be opened in the prisoner's presence, Taylor v. Sterrett, 532 F.2d 462, 477 (5th Cir.1976), Bach v. Illinois, 504 F.2d 1100, 1102 (7th Cir.) (per curiam), cert. denied, 418 U.S. 910, 94 S.Ct. 3202, 41 L.Ed.2d 1156 (1974); Smith v. Robbins, 454 F.2d 696 (1st Cir.1972......
  • Request a trial to view additional results
80 cases
  • Dawson v. Kendrick, Civ. A. No. 78-1076.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 10, 1981
    ...contained in the correspondence may diminish an inmate's lawful access to the courts." Id. at 476. Of like effect are Bach v. Illinois, 504 F.2d 1100 (7th Cir.), cert. denied, 418 U.S. 910, 94 S.Ct. 3202, 41 L.Ed.2d 1156 (1974), and Moore v. Ciccone, 459 F.2d 574 (8th Cir. 1972) (concurring......
  • Lavado v. Keohane, No. 91-6442
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 22, 1993
    ...courts in so holding. Among the "several courts" we noted were: Taylor v. Sterrett, 532 F.2d 462, 477 (5th Cir.1976); Bach v. Illinois, 504 F.2d 1100, 1102 (7th Cir.) (per curiam), cert. denied, 418 U.S. 910, 94 S.Ct. 3202, 41 L.Ed.2d 1156 (1974); Smith v. Robbins, 454 F.2d 696 (1st Cir.197......
  • Taylor v. Sterrett, No. 74-3964
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 1, 1976
    ...impermissible burden on the process of consultation between attorneys and their clients. In a later case, Bach v. Illinois, 7 Cir. 1974, 504 F.2d 1100, 1102, the Court held that an inmate is entitled to be present during the opening of his legal mail. The inspection of this mail outside of ......
  • Parrish v. Johnson, No. 84-1642
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 5, 1986
    ...not be read and may only be opened in the prisoner's presence, Taylor v. Sterrett, 532 F.2d 462, 477 (5th Cir.1976), Bach v. Illinois, 504 F.2d 1100, 1102 (7th Cir.) (per curiam), cert. denied, 418 U.S. 910, 94 S.Ct. 3202, 41 L.Ed.2d 1156 (1974); Smith v. Robbins, 454 F.2d 696 (1st Cir.1972......
  • Request a trial to view additional results

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