prisoners’ first amendment rights

Eighth Circuit

Braun v. Walz, CV 20-333 (DSD/BRT), 2021 WL 1171693, at *5 (D. Minn. Mar. 29, 2021) (“Censorship of communications requires minimal procedural protections and notice be given to the inmate. . . . In light of this standard, a reasonable official would have known that providing no notice and no procedural protections was unlawful.”).

Spencer v. Jackson County Mo., 738 F.3d 907, 913 (8th Cir. 2013) (“The right of an inmate to file a lawsuit is well established, Goff, 7 F.3d at 736, as is an inmate’s First Amendment right to access the prison grievance process, Nelson, 603 F.3d at 449–50.”).

Nelson v. Shuffman, 603 F.3d 439, 449 (8th Cir. 2010) (“A prisoner’s right under the First Amendment to petition for redress of grievances under a prison’s grievance procedures is clearly established in this court.”).

Davis v. Norris, 249 F.3d 800, 801 (8th Cir. 2001) (“Prisoners’ First Amendment rights encompass the right to be free from certain interference with mail correspondence, which in this instance includes photographs.”).

Griffin v. Lombardi, 946 F.2d 604, 607 (8th Cir. 1991) (“We have no difficulty concluding that at the time the Missouri Correctional authorities confiscated Griffin’s original diploma and transcript, the law was clearly established that Griffin had a right to delivery of his mail. Prison inmates have a recognized first amendment interest in receiving mail.”).

Allen v. Higgins, 902 F.2d 682, 684 (8th Cir. 1990) (“In light of the fact that Groose had not examined the catalog before making his decision to disallow it, Groose could not have reasonably assessed whether his conduct violated clearly established law.”).