Newell

We consider the constitutional rights of “jailhouse lawyers.” Appellee Terry Newell, a prisoner at Spring Creek Correctional Center in Seward, Aaska, sued prison superintendent Frank Sauser and other prison officials pursuant to 42 U.S.C. § 1983 . Newell alleged that prison officials violated his civil rights by confiscating legal materials from his cell. The district court denied defendants’ motion for a summary judgment and *1418 granted summary judgment in favor of New-ell. Defendants now appeal interlocutorily. We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We affirm.

I. Background

Newell was the prison law librarian during the time at issue. He had a computer in his cell, as authorized by prison officials. On March 30, 1989, Officer Robert Hartzler entered his cell under the direction of Sergeant Tom Reimer. Officer Hartzler seized approximately 59 pages of computer-generated, rough draft legal materials written by Newell on behalf of an allegedly borderline mentally retarded inmate, Reuben Johnson.

Officer Hartzler wrote and filed an Incident Report indicating that Newell had violated 22 AAC 05.400(d)(7) by possessing “anything not authorized for retention or…