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Schnader Seeks to Protect Attorney-Client Communications for Incarcerated Individuals in PA

On October 30, 2018 by Schnader in Alternative Dispute Resolution

A team led by Keith E. Whitson, Managing Partner of Schnader’s Pittsburgh Office, is representing incarcerated individuals and nonprofit organizations in litigation aimed at stopping the unconstitutional practice of confiscating and copying all incoming legal mail by the Pennsylvania Department of Corrections (DOC). Schnader’s team also includes Stephanie A. Short, Danielle T. Bruno, and Paul H. Titus.

This policy, newly adopted in September, disregards the privileged nature of attorney-client communications and irrevocably compromises the confidentiality of those communications. As a result, public defenders, other attorneys and legal organizations throughout the Commonwealth have been forced to cease any communication by mail with their incarcerated clients. The DOC’s new policy substantially interferes with the First Amendment rights of both the attorneys and their clients and is causing significant hardship. 

This federal complaint was filed on October 30 in the United States District Court for the Middle District of Pennsylvania. The plaintiffs represented by Schnader include incarcerated individuals and the Pennsylvania Institutional Law Project (PILP), Abolitionist Law Center (ALC), Amistad Law Project (ALP), and American Civil Liberties Union of Pennsylvania (ACLU-PA).

Click here to read the press release for this matter dated October 30. And click here for links to the complaints filed in these cases.