A federal appeals court has reinstated a lawsuit brought by a Kentucky inmate over whether his outgoing legal mail must be left open for inspection by prison officials. The US 6th Circuit Court of Appeals Thursday concluded that 66-year-old Raymond Miller showed enough evidence that his legal mail had been reviewed by prison employees to raise a claim under the first amendment.
The decision allows Miller to pursue damages over the issue.
US District Judge John G. Heyburn II dismissed the lawsuit in 2011, saying Miller couldn't show that his legal mail had been reviewed. Therefore, said the judge, Miller had no standing to challenge the prison's policy.
Miller is being held at Blackburn Correctional Complex in Lexington, where he is serving eight years for theft in Boone County.