Bryan Dalan Jacquay, Plaintiff-appellant, v. Gary D. Maynard, Warden; Oklahoma Board of Corrections;ron Champion, Warden; Defendants-appellees, 47 F.3d 1178 (10th Cir. 1995)

Mr. Jacquay appeals from the district court's grant of summary judgment in favor of defendant prison authorities on his 42 U.S.C.1983 civil rights claim. He challenged the prison policy of banning and confiscating "Dungeons and Dragons" game material. We had the district court's hearing on the summary judgment motion transcribed and supplemented the record. The transcript as well as a Warden's affidavit indicate that the material could constitute a security risk because it encourages aggressive behavior through role-playing and the game characters may be used as tattoo patterns. See I R. doc. 41, attach. D. Although we are conscious of an inmate's limited First Amendment interest in the material, we are satisfied that under Thornburgh v. Abbott, 490 U.S. 401, 414-19 (1989) and Turner v. Safley, 482 U.S. 78, 89-90 (1987), a complete ban on the material is reasonably related to prison safety and should be upheld on this record. The ban is content neutral because it is based solely on security concerns. Mr. Jacquay retains a right of access to other outside publications. A complete ban on this game material strikes us as the only practical means of restricting access; thus, the determination by defendant prison authorities should not be set aside.

AFFIRMED.