Shaw

Plaintiff-Appellant Kevin Murphy (“Murphy”) is an inmate law clerk at the Montana State Prison (“Prison”). In early 1995, he sent a letter containing legal advice to fellow inmate Pat Tracy (“Tracy”). Murphy was subsequently disciplined based on the content of that letter. In this action, Murphy alleges that the discipline imposed by the Prison violated his First Amendment rights, his right as an inmate to access to the courts, and his rights under the Due Process Clause. The district court granted summary judgment in favor of the defendants on all his claims. Because the provision of legal assistance to fellow inmates is an activity protected by the First Amendment, and because the prison regulations challenged here are “an exaggerated response” to otherwise legitimate security concerns, we reverse and remand with instructions that summary judgment be entered in Murphy’s favor.

Facts and Procedural History

In early 1995, Murphy, who had been trained as an inmate legal clerk by the Prison, became aware that Tracy, a fellow inmate, had been charged with assaulting Correctional Officer Glen Galle (“CO Galle”). Murphy had provided legal assistance to Tracy on several prior…