by the United States Court of Appeals for the Eighth Circuit

“ A convict, however, does not lose all of his civil rights—for those that are fundamental follow him, with appropriate limitations, through the prison gate, and the walls do not foreclose his access to the courts to protect those rights. ”

“ Our examination of the record convinces us that the district court's findings are supported by appellant's own evidence and that such findings are in no sense clearly erroneous.
Appellant also complains of the district court's holding that he was not entitled to a hearing before an appropriate prison board of inquiry prior to being placed in solitary confinement or shortly thereafter. Judge Harris' interpretation of the prison rules designed to regulate the treatment of inmates persuaded him to conclude that appellant's misconduct did not necessitate a hearing. ”

“ At that time appellant had been released from solitary confinement and had been transferred to Tucker Farm, another penal institution in Arkansas.
The sole issue here is whether the court below was wrong in dismissing the claim for relief.
[*1187]
The law to be applied is well settled. Lawful incarceration necessarily operates to deprive a prisoner of certain rights and privileges he would otherwise enjoy in the free society, a retraction justified by considerations underlying our penal system. ”