May 11 2026
9th Cir. 2:24-cv-00448-DLR--JFM Unpublished

Nealy v. Thornell

The Ninth Circuit affirmed the dismissal of a prisoner's access-to-courts claim but reversed the dismissal of his First Amendment legal mail claim. The court held that while the plaintiff failed to show actual injury to a legal claim, his allegations of altered mail and interference with counsel were sufficient to state a free speech violation.

May 11 2026
9th Cir. 2:24-cv-00448-DLR--JFM Unpublished

Nealy v. Thornell

The Ninth Circuit affirmed the dismissal of a prisoner's access-to-courts claim but reversed the dismissal of his First Amendment legal mail claim. The court held that the plaintiff's allegations of altered and opened legal mail were sufficient to state a constitutional violation without proving actual injury beyond the free speech violation itself.