Rolf A. Rosendahl v. Margie Bontz , 14 F. App'x 740 ( 2001 )


Menu:
  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 00-3702
    ___________
    Rolf A. Rosendahl,                         *
    *
    Appellant,                  *
    *
    v.                                  * Appeal from the United States
    * District Court for the Western
    Margie Bontz; Fum; David Moore;            * District of Missouri.
    John Doe, CO II; Does, A-Z,                *
    inclusive, in their individual and or      *          [UNPUBLISHED]
    their official capacities herein; Jesse    *
    Montemayor; Michael J. Carter;             *
    Terry Wynne; Darin Morgan;                 *
    Richard Spackler,                          *
    *
    Appellees.                  *
    ___________
    Submitted: July 6, 2001
    Filed: July 24, 2001
    ___________
    Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
    ___________
    PER CURIAM.
    Missouri inmate Rolf A. Rosendahl appeals the district court’s1 adverse grant of
    summary judgment in his pro se 42 U.S.C. § 1983 action against various Western
    Missouri Corrections Center employees. Mr. Rosendahl claimed that defendants (1)
    retaliated against him for filing lawsuits and grievances by issuing him false conduct
    violations and placing him in administrative segregation, (2) denied him access to the
    courts by seizing and storing his legal materials, and (3) violated his free speech rights
    by opening an envelope containing a letter he wrote and then punishing him for the
    letter’s contents.
    Having reviewed the record de novo, we affirm for the reasons explained by the
    district court. See Davis v. Norris, 
    249 F.3d 800
    , 801 (8th Cir. 2001) (per curiam)
    (“Prisoners’ First Amendment rights may be circumscribed if legitimate penological
    objectives outweigh preservation of their rights.”); Rouse v. Benson, 
    193 F.3d 936
    , 939
    (8th Cir. 1999) (standard of review); Gardner v. Howard, 
    109 F.3d 427
    , 430 (8th Cir.
    1997) (there is no § 1983 liability based on prison officials’ violation of prison policy;
    inmate must prove constitutional-right violation); Goff v. Burton, 
    91 F.3d 1188
    , 1191
    (8th Cir. 1996) (to avoid liability on inmate’s retaliatory-discipline claim, defendants
    must simply prove there was “some evidence” supporting their decision to discipline
    him; claim must fail if contested discipline was imposed for actual rule violation);
    Gassler v. Wood, 
    14 F.3d 406
    , 408 n.5 (8th Cir. 1994) (“prison officials do not commit
    constitutional violations by reading prisoners’ nonprivileged mail”).
    Accordingly, we affirm. See 8th Cir. R. 47B.
    1
    The Honorable Howard F. Sachs, United States District Judge for the Western
    District of Missouri.
    -2-
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -3-