The plaintiffs are inmates at the Southern Ohio Correctional Facility (“SOCF”). In June 1988, they attempted to circulate petitions among their fellow inmates. The petitions complained of alleged human rights violations at the SOCF and the inmates intended to send these petitions to Amnesty International. The inmates, however, circulated only the signature pages of the petitions. The purpose of the list of names being circulated was not apparent, therefore, to the guards who seized it. Defendants, SOCF guards and officials, seized the signatures intended to support the petitions and charged the plaintiffs with possession of, conspiracy to possess, or attempt to possess contraband in violation of
Ohio Admin.Code § 5120–9–06(E). The petitions were deemed to be contraband because the circulation of a petition is a group-organizing activity, and because the plaintiffs had failed to seek approval through Warden Morris for the formation of an “inmate group,” in violation of
Ohio Admin.Code § 5120–9–37. Plaintiffs Wolfel, Scott and Perotti were found guilty of these violations and disciplined. Plaintiff Byrd was found not guilty.