The lawsuit, filed by the Ohio Justice & Policy Center (OJPC), alleges that the state’s handling of legal correspondence infringes on the First and Fourteenth Amendments of the U.S. Constitution, as well as protections afforded by the Ohio Constitution. The legal challenge stems from a growing number of incidents in which confidential legal documents sent to inmates have been delayed, opened outside of their presence, or even discarded without explanation.
Legal mail is supposed to be handled with heightened protections due to its sensitive nature and the vital role it plays in ensuring access to legal representation. However, under the current ODRC policy, legal mail is diverted, scanned into a digital format, and uploaded for inmates to access electronically — a process that, according to critics, compromises both confidentiality and timeliness.
“This policy undermines the very foundation of the justice system,” said Sasha Naiman, OJPC’s deputy director. “Inmates cannot effectively communicate with their attorneys if they fear their mail is being read or tampered with.”
Inmates across several Ohio facilities have reported that legal mail has been marked as contraband or “rejected” without clear reasoning. Others describe being punished for questioning mail handling procedures, with some receiving conduct reports for attempting to keep physical copies of legal documents.
The Ohio Department of Rehabilitation and Correction has defended its approach, stating that the policy was designed to reduce the influx of contraband — including drugs — that were increasingly being smuggled into prisons through paper mail during the pandemic. Officials claim that digital scanning enhances safety and efficiency, while still providing access to the contents of legal communications.
Still, civil liberties groups argue that there are less intrusive and more constitutional methods to ensure safety without compromising privacy. Advocates warn that the policy, if left unchecked, could set a dangerous precedent by weakening safeguards around privileged communication for incarcerated individuals nationwide.
