Dennis M. Wolfel, Cross-Appellant v. Herbert Bates, Gary Brown, Cross-Appellees

This case requires us to review a district court order awarding the plaintiff, prison inmate Dennis Wolfel, nominal damages of one dollar to recompense the violation of his first amendment rights by Ohio state prison officials. The defendants, correctional officers Herbert Bates and Gary Brown, appeal the adverse judgment and contend that their application of prison rule 26, Class II, to Wolfel’s conduct was a valid exercise of disciplinary authority. Wolfel cross-appeals the district court’s denial of punitive damages.

In December, 1978, plaintiff Wolfel drafted a petition alleging that…