O'Keefe

A state prisoner sued various prison officials pursuant to 42 U.S.C. § 1983 (1988), alleging that the prison’s mail policy violated his First Amendment right to seek redress for grievances. Under the prison’s mail poli- *323 ey, “legal mail,” although broadly defined, does not include grievances sent by prisoners to some state agencies or officials. Consequently, for the purpose of inspecting for contraband, evidence of criminal activity, or threats to prison security, prison mailroom employees can open and read these grievances and any responses, outside the presence of the prisoners.

This case raises questions regarding whether the prison mail policy infringes on a prisoner’s First Amendment right to send grievance mail, and if so, whether legitimate penological interests justify the infringement. Even assuming that the prison’s mail policy infringes on the prisoner’s First Amendment right, we find that legitimate penological interests justify the infringement. Therefore, we hold that the district court should not have granted summary judgment in favor of the prisoner and instead should have granted summary judgment in favor of the prison officials.

FACTS

Prisoner Timothy…