Montgomery v. Kelly

CURTIN, Chief Judge.

Plaintiffs, inmates at the Attica Correctional Facility, now bring an action against Superintendent Walter Kelly to challenge Attica’s Rule 12a, which prohibits inmates from talking while moving in line within the facility (Item 1). According to plaintiffs, Rule 12a violates their first amendment rights on two grounds. First, plaintiffs say that Rule 12a is completely unreasonable and unnecessary to maintain security, but serves only to create “unnecessary tension and frustration within the prison population.” Second, two of plaintiffs say that Rule 12a unreasonably…