Robert Shaw, et al. v. Kevin Murphy (532 U.S. 223)

U.S. Supreme Court · decided April 18, 2001 · Supreme Court Database (Spaeth)

Citation
532 U.S. 223 · 121 S. Ct. 1475
Decided
April 18, 2001
Term
October Term 2000
Vote
9–0
Majority author
Justice Thomas
Issue area
First Amendment
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Thomas delivered the opinion of the Court. Under our decision in Turner v. Safley, 482 U.S. 78 (1987), restrictions on prisoners’ communications to other inmates are constitutional if the restrictions are “reasonably related to legitimate penological interests.” Id., at 89. In this case, we are asked to decide whether prisoners possess a First Amendment right to provide legal assistance that enhances the protections otherwise available under Turner. We hold that they do not. I While respondent Kevin Murphy was incarcerated at the Montana State Prison, he served as an “inmate law clerk,” providing legal assistance to fellow prisoners. Upon learning that inmate Pat Tracy had been charged with assaulting Correctional Officer Glen Galle, Murphy decided to assist Tracy with his defense. Prison rules prohibited Murphy’s assignment to the case, but he nonetheless investigated the assault. After discovering that other inmates had complained about Officer Galle’s conduct, Murphy sent Tracy a letter, which included the following: “I do want to help you with your ease against Galle. It wasn’t your fault and I know he provoked whatever happened! Don’t plead guilty because we can get at least 100 witnesses to testify that Galle is an over zealous guard who has a personal agenda to punish and harrass [sic] inmates. He has made homo-sexual [sic] advances towards certain inmates and…

Excerpt of a 14,574-character opinion. The full text and citation network load in the interactive viewer above.

← Back to the decisions database