Toston v. Thurmer

Dist. Ct. did not err in granting defendants-prison officials' motion for summary judgment in section 1983 action alleging that defendants violated plaintiff-prisoner's free speech rights when they seized copy of Black Panther's "Ten-Point" program that was located in his cell. Seizure was justified where said program, which advocated for, among other things, freedom for all black men in state or federal prison, could be viewed by defendants as incitement to violence by black prisoners and as mechanism to recruit prison gang members. Remand, though, was required as to plaintiff's due process claim alleging that defendants failed to give him proper notice that he could not possess copy of "Ten-Point" program and then placed him in 90-day segregation, since Dist. Ct. failed to make finding as to whether said placement constituted deprivation of liberty.