Father John J. O'Malley v. Joseph R. Brierley, Superintendent of the State Correctional Institution at Pittsburgh

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented on this appeal is the propriety of summary judgment in an action brought under the Civil Rights Act, 42 U.S.C. § 1983, by certain Catholic priests and prisoners, contending that their First Amendment rights were abridged when state prison officials withdrew from the priests previously granted privileges to conduct religious services and counseling within the prison. Ruling that plaintiffs’ complaint failed to set forth a claim upon which relief could be granted, the district court entered summary judgment for the defendants.…