IDOC CAUGHT SNOOPING ON PRIVILEGED (LEGAL) MAIL [AGAIN]

On April 7, 2020, ISCC prisoner Dale Shackelford mailed (and was charged postage for) a complaint (lawsuit) to the Ada County (Idaho) Court Clerk for filing. The lawsuit, an appeal from the denial of a public records request by the Idaho Board of Corrections was secretly intercepted by the IDOC Central Office staff and delivered to the IDOC Attorney General's Office for a quick (and illegal) "look-see." Nobody knows why, or admits to having done it.

On April 15, 2020, Shackelford was called to the office of the institutional paralegal at the ISCC and asked about the envelope and its contents, themselves having received it (unexplained) from the office of the IDOC Attorney General that morning. Because the mail is considered "privileged", the paralegal was not allowed (by law or policy) to read the materials outside Shackelford's presence to determine why they had mysteriously received the package from the AG's office.

Shackelford was then informed that he would have to have the envelope (with the lawsuit inside) re-sent to the Court, and that it would take up to another week to have the paperwork completed by IDOC Inmate Accounts for the filing fee - delaying the suit by more than 2 weeks after it was originally sent.

The interception and snooping into legal and privileged prisoner mail is not uncommon by IDOC staff. Because the lawsuit would be a matter of public record AFTER it is filed in the Court, the State could have simply waited a couple days to see what it was about like anyone else, but the State - like a kid in a candy store - just couldn't wait, and this time was caught with their hand in the cookie jar.

The case has since been filed and is pending. (Ada County [Idaho] Case No. CV01-20-06757).


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