Shaw

MEMORANDUM **

Kevin Murphy (“Murphy”), an inmate law clerk incarcerated at the Montana State Prison (“Prison”), filed this suit under 42 U.S.C. § 1983 , alleging violations of his First Amendment and due process rights. Specifically, he claims that discipline imposed by the Prison, taken in response to a letter he wrote to a fellow inmate, violated the First Amendment, abridged his right of access to the courts, and relied upon prison regulations that are void for vagueness on their face and as applied.

The district court granted summary judgment in favor of the Prison on each of Murphy’s claims. We reversed, and directed that summary judgment be entered in Murphy’s favor on his First Amendment claims. See Murphy v. Shaw, 195 F.3d 1121, 1128 (9th Cir.1999). The Supreme Court in turn reversed, “only[ ] decid[ing]” that prisoners do not possess a free standing First Amendment right to provide legal assistance to fellow inmates that enhances the protections otherwise available under Turner v. Safley, 482 U.S. 78 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987). Shaw v. Murphy, 532 U.S. 223, 225 , 121 S.Ct. 1475 , 149 L.Ed.2d 420 (2001). The Court left open the question “whether the prison…