Sean Bryson challenges the district court’s refusal to overturn a prison disciplinary sanction. The issue presented by this case is whether Bryson’s First Amendment rights were violated when he was disciplined for possessing a newspaper clipping about a gang shooting. We conclude his rights were not violated and affirm.
Sean Bryson is an inmate at the Iowa Men’s Reformatory (IMR). Bryson received a disciplinary notice charging him with violations of several prison disciplinary rules and alleging he was involved in Vice Lords gang activity within the institution, including planning an assault on another inmate. A search of Bryson’s cell revealed letters containing prohibited gang symbols, a photograph of Bryson making a “VL” hand gesture and a newspaper clipping about a gang shooting in Des Moines.
The prison disciplinary committee found Bryson guilty of obstructive/disruptive conduct and unauthorized possession of gang-related materials. He received a disciplinary sanction of fifteen days of solitary confinement, eighty days of level one disciplinary detention and the loss of sixteen days good-conduct time.
Bryson challenged the discipline before the district court in an application for postconviction relief pursuant to Iowa Code chapter 663A (now codified at Iowa Code chapter 822 (1993)). The district court upheld the discipline. It found institutional security requires that gang-related materials be prohibited, and therefore, Bryson’s First Amendment rights were not violated when he was disciplined for possessing the newspaper article. Bryson filed a notice of appeal on August 28, 1992.
Bryson attempts to challenge the prison discipline by direct appeal. But, effective July 1, 1992, a party seeking an appeal from a prison disciplinary proceeding must proceed by petition for writ of certiora-ri. 1992 Iowa Acts ch. 1212, § 38 (now codified at Iowa Code § 822.9 (1993));
see also Giles v. State,
Certiorari lies when the district court has exceeded its jurisdiction or has acted illegally. Iowa R.Civ.P. 306;
Whitlock v. Iowa Dist. Court,
Bryson contends that being disciplined for possessing a newspaper clipping about a gang shooting violates his First Amendment association and free speech rights. The State does not deny that Bryson’s rights have been impinged. Rather, it argues that the prohibition against possessing gang-related materials, such as the newspaper clipping, is reasonably related to institutional security.
“[W]hen a prison regulation impinges on inmates’ constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.”
Turner v. Safley,
There can be no doubt that internal institutional security is a legitimate penological interest.
Pell v. Procunier,
417
U.S. 817,
823,
Bryson concedes that disruptive gang activity is a threat to institutional security and can be prohibited. He argues, however, that there is no indication that prohibiting possession of gang-related materials achieves the asserted goal. Courts are to defer to correctional officials’ judgments in these matters unless substantial evidence in the record indicates they have exaggerated their response.
Turner,
The district court did not exceed its jurisdiction or act illegally in upholding the discipline imposed for unauthorized possession of gang-related materials. We have considered Bryson’s other contentions and find them to be -without merit.
WRIT ANNULLED.
