Brown v. Phillips

In section 1983 action by plaintiff, who was civilly committed under Illinois Sexually Violent Persons Commitment Act following his conviction on aggravated sexual assault charges and who alleged that prison’s policies restricting his access to R-rated movies, M-rated video games, and video game consoles violated his 1st Amendment rights, Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment with respect to prohibition on R-rated movies and M-rated video games, even though defendant attached affidavits from psychologist and prison program director indicating that said movies and video games were contrary to treatment and security goals of prison facility. Under reasonable relationship standard, defendant’s evidence was too weak to justify instant bans on movies and video games, where record lacked any data for linking said bans to defendant’s therapeutic and security goals. Dist. Ct. did not err, though, with respect to ban on video gaming consoles, where instant consoles had capability of accessing internet that would allow plaintiff to both contact his victims and obtain illegal pornography.