Percy J. Cooper v. Dora B. Schriro Mike Groose, Superintendent Lisa Jones Sherie Koeneman Mike Kemna Jean Ann for the Johnson Russell Hollowell Heather Townsend E. Ruppel Mark Clark Phillips, Lt. Terry Page S. Kroush Lori Burke Larry Williams S. Saunders H. Wood J. Weir Marsha Urick N. Karn William Hughes Rhonda Almanze Mark Major Kelly Peterie Vivian Conway & M. Hunter, 189 F.3d 781 (8th Cir. 1999). · Go Syfert
Percy J. Cooper v. Dora B. Schriro Mike Groose, Superintendent Lisa Jones Sherie Koeneman Mike Kemna Jean Ann for the Johnson Russell Hollowell Heather Townsend E. Ruppel Mark Clark Phillips, Lt. Terry Page S. Kroush Lori Burke Larry Williams S. Saunders H. Wood J. Weir Marsha Urick N. Karn William Hughes Rhonda Almanze Mark Major Kelly Peterie Vivian Conway & M. Hunter, 189 F.3d 781 (8th Cir. 1999). Cases Citing This Book View Copy Cite
“prison regulations which restrict an inmate's access to publications are valid under the constitution if 3 'reasonably related to legitimate penological interests.”
284 citation events (262 in the last 25 years) across 12 distinct courts.
Strongest positive: Scott Logan v. Sergeant Solice (arwd, 2023-12-12)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Scott Logan v. Sergeant Solice
W.D. Ark. · 2023 · quote attribution · 1 verbatim quote · confidence low
it seems clear, however, that cooper intended to have the two complaints read together
discussed Cited as authority (quoted) Scharnhorst v. Cantrell
W.D. Ark. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
prison regulations which restrict an inmate's access to publications are valid under the constitution if 3 'reasonably related to legitimate penological interests.
cited Cited as authority (rule) Dunahue v. Payne
E.D. Ark. · 2023 · confidence medium
Cooper, 189 F.3d at 783. (internal citation omitted).
examined Cited as authority (rule) Maday v. Dooley (3×)
D.S.D. · 2019 · confidence medium
Cooper, 189 F.3d at 784.
discussed Cited as authority (rule) Victor Santiago v. Daniel Blair
8th Cir. · 2013 · confidence medium
See, e.g., Nelson, 603 F.3d at 450 (holding that the plaintiff who allegedly was held in isolation in a structurally unfinished and inadequate ward and deprived of access to legal counsel, mail, family, recreation, and phone calls had demonstrated sufficient deprivations to survive summary judgment on a First Amendment retaliation claim); Cooper, 189 F.3d at 784 (allegation that the correctional officer shut off water for five days because the prisoner used the prison grievance system was sufficient to state a retaliation claim); Burgess, 39 F.3d at 218 (threat made in retaliation for a prison…
discussed Cited as authority (rule) Victor Santiago v. Daniel Blair
8th Cir. · 2013 · confidence medium
See, e.g., Nelson, 603 F.3d at 450 (holding that the plaintiff who allegedly was held in isolation in a structurally unfinished and inadequate ward and deprived of access to legal counsel, mail, family, recreation, and phone calls had demonstrated sufficient deprivations to survive summary judgment on a First Amendment retaliation claim); Cooper, 189 F.3d at 784 (allegation that the correctional officer shut off water for five days because the prisoner used the prison grievance system was sufficient to state a retaliation claim); Burgess, 39 F.3d at 218 (threat made in retaliation for a prison…
discussed Cited as authority (rule) Dible v. Scholl (2×) also: Cited "see"
N.D. Iowa · 2006 · confidence medium
Cooper, 189 F.3d at 784-85.
discussed Cited as authority (rule) John Dasta v. W.I. LeBlanc, Jr.
8th Cir. · 2005 · confidence medium
See Meehan v. United Consumers Club Franchising Corp., 312 F.3d 909, 913 (8th Cir.2002) (materials attached as complaint exhibits may be considered when construing sufficiency of complaint on motion to dismiss); Thornton v. Phillips County, Ark., 240 F.3d 728, 729 (8th Cir.2001) (per curiam) (remanding for consideration of objections to magistrate judge’s report as motion for leave to amend, where objections provided basis for § 1983 claims); Cooper, 189 F.3d at 783 (pleadings must at minimum give defendant sufficient notice of claim); Atkinson v. Bohn, 91 F.3d 1127, 1128-29 (8th Cir.1996) …
cited Cited "see" Mark Jackson v. Muscatine County, Iowa
8th Cir. · 2025 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (de novo review).
cited Cited "see" Lagreca v. Cotton
W.D. Ark. · 2025 · signal: see · confidence high
See Cooper, 189 F.3d at 784; Edwards, 520 U.S. at 646-48 .
discussed Cited "see" Jones v. Neighborhood Stabilization Team City of St. Louis, MO
E.D. Mo. · 2025 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783–84 (8th Cir. 1999) (per curiam) (treating facts alleged in attachment to pro se complaint as part of complaint); Murphy v. Unknown, No. 1:24-CV-00173-HEA, 2024 WL 5262866 , at *2 (E.D.
discussed Cited "see" Henderson v. Bryant
E.D. Mo. · 2024 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (pro se complaint must be liberally construed; amended complaint standing alone failed to state claim but plaintiff referenced original complaint in amended complaint and clearly intended to have both complaints read together).
discussed Cited "see" Walton v. City of St Louis Justice Center
E.D. Mo. · 2024 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (pro se complaint must be liberally construed; amended complaint standing alone failed to state claim but plaintiff referenced original complaint in amended complaint and clearly intended to have both complaints read together). 2 The Court notes that Plaintiff’s original and amended complaints violate Rule 20 of the Federal Rules of Civil Procedure by asserting claims that arise from unrelated occurrences and transactions.
discussed Cited "see" Dean v. Saint Louis City P.D.
E.D. Mo. · 2024 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (pro se complaint must be liberally construed; amended complaint standing alone failed to state claim but plaintiff referenced original complaint in amended complaint and clearly intended to have both complaints read together).
discussed Cited "see" William Daly v. Corr. Officer Comrie
8th Cir. · 2024 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783-85 (8th Cir. 1999) (per curiam) (de novo review of 28 U.S.C. § 1915A preservice dismissal; dismissal is proper where complaint fails to allege violation of federal right or lacks sufficient factual specificity to support its conclusions); Nieters v. Holtan, 83 F.4th 1099, 1105 (8th Cir. 2023) (de novo review of grant of summary judgment based on qualified immunity; for qualified immunity, facts must demonstrate constitutional or statutory deprivation when viewed in light most favorable to plaintiff).
cited Cited "see" Christopher Thornsberry v. Roosevelt Barden
8th Cir. · 2021 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (holding that dismissal under 28 U.S.C. § 1915A for failure to state a claim is reviewed de novo).
discussed Cited "see" Waller v. Reed
E.D. Ark. · 2021 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 ,784 (8th Cir. 1999) (mere speculative or conclusory allegations are insufficient to support a retaliation claim).
cited Cited "see" Reginald Dunahue v. Wendy Kelley
8th Cir. · 2020 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (dismissal under § 1915A is reviewed de novo); 1 The Honorable James M.
discussed Cited "see" Rico Benton v. Wendy Kelley
8th Cir. · 2019 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (standard of review); Knight v. Lombardi, 952 F.2d 177, 179 (8th Cir. 1991) (decision to censor or withhold delivery of mail must be accompanied by minimum procedural safeguards; procedural due process claim was properly dismissed where prisoner had actual notice that letters were being withheld and prisoner did not claim he was denied opportunity to file grievance); see also Buckley v. Barlow, 997, F.2d 494, 495 (8th Cir. 1993) (per curiam) (prison’s grievance procedures confer no substantive rights; they are procedural …
discussed Cited "see" James Blair-Bey v. State of Iowa
8th Cir. · 2018 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (standard of review); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (noting that under Rule 8 of the Federal Rules of Civil Procedure, a complaint must contain sufficient facts to “state a claim to relief that is plausible on its face”); Moody v. Daggett, 429 U.S. 78 , 88 n.9 (1976) (noting there is no due process protection for prisoner classification); Ballinger v. Cedar Cty., 810 F.3d 557 , 562–63 (8th Cir. 2016) (discussing elements of a prisoner due process claim); Bear v. Fayram, 650 F.3d 1120 , 1122–23…
cited Cited "see" Randal Mauderer v. Iowa Attorney General's Office
8th Cir. · 2017 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (§ 1915A(b) dismissal is reviewed de novo).
cited Cited "see" James Watson v. Osceola Police Department
8th Cir. · 2015 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (§ 1915A dismissal is reviewed de novo).
discussed Cited "see" Christopher Deaton v. Arkansas Dept. of Correction
8th Cir. · 2015 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (standard of review for § 1915A dismissal); *606 Seltzer-Bey v. Delo, 66 F.3d 961, 963 (8th Cir.1995) (standard of review for summary judgment).
discussed Cited "see" Louis Cutwright v. Sean Crawford
8th Cir. · 2015 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (de novo review of § 1915A dismissal); see also Ackerland, v. United States, 633 F.3d 698, 701 (8th Cir.2011) (appellate court typically construes self-styled motion for reconsideration as Fed.R.Civ.P. 59(e) motion to alter or amend judgment, or as Fed.
discussed Cited "see" Christopher Deaton v. Arkansas Dept. of Correction (2×)
8th Cir. · 2014 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (standard of review for § 1915A dismissal); Seltzer-Bey v. Delo, 66 F.3d 961, 963 (8th Cir.1995) (standard of review for summary judgment).
cited Cited "see" Fernando Bustillo v. Harley Lappin
8th Cir. · 2013 · signal: see · confidence high
See Cooper, 189 F.3d at 783 (pro se complaint allegations are construed liberally); Phelps v. U.S. Fed.
cited Cited "see" Rodney Bradley v. Lisa Looten
8th Cir. · 2012 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam).
discussed Cited "see" David Williams v. Scott Horner (2×)
8th Cir. · 2010 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam).
cited Cited "see" Tommy Hall v. Officer Nick Elrod
8th Cir. · 2010 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (§ 1915A dismissal reviewed de novo).
discussed Cited "see" Tiran Casteel v. Bill McCarthy
8th Cir. · 2010 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (standard of review); Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (to prevail on Eighth Amendment claim, prisoner is required to show that challenged condition presented substantial risk of serious harm and that prison officials acted with deliberate indifference toward that risk); see also Shade v. City of Farmington, 309 F.3d 1054 , 1058 n. 6 (8th Cir.2002) (arguments not briefed are considered abandoned on appeal).
cited Cited "see" Sylvester Barbee v. Correctional Medical Services
8th Cir. · 2010 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 783 (8th Cir.1999) (per curiam) (de novo review).
cited Cited "see" Grady Newingham v. Benny Magness
8th Cir. · 2010 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (de novo review).
cited Cited "see" Burks v. Raemisch
7th Cir. · 2009 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783-84 (8th Cir.1999).
cited Cited "see" Burks, Wallace v. Raemisch, Rick
7th Cir. · 2009 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783–84 (8th Cir. 1999).
cited Cited "see" Williams v. Pulaski County Detention Facility
8th Cir. · 2008 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam).
cited Cited "see" John P. Ponder v. Larry Brownlee
8th Cir. · 2007 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir. 1999) (per curiam) (standard of review).
cited Cited "see" Ponder v. Brownlee
8th Cir. · 2007 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (standard of review).
discussed Cited "see" Frank R. Owens v. Verlyn Isaac Jean Even C/o Phillip Mike Bickford William Soupene, Frank R. Owens v. Kevin Hagemann Marilee S. Giegerich K. Clark Steven Wendl Jake Noonan Curtis Mayo Stephen Salviati William Soupene Tyrone Bontrager Raymond Turano Samuel Fierro Scott Collins Jean Even Larry J. Theilen Lt. Paulson Lt. Pasker C/o Neiers Harry Brown Jean Hall David Walderbach Randy Oldenburger Tom Luensman Dan Dietiker Steve Lynch Michael Bickford Dr. Durga Jerry Connolly William Rindy C/o Baker Kathy Condon
8th Cir. · 2007 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (liberally construing original complaint, after observing that amended complaint standing alone failed to state a claim but that plaintiff clearly intended to have both complaints read together).
discussed Cited "see" Frank R. Owens v. Verlyn Isaac
8th Cir. · 2007 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (liberally construing original complaint, after observing that amended complaint standing alone failed to state a claim but that plaintiff clearly intended to *564 have both complaints read together).
discussed Cited "see" Brett Surveyor v. Jerry W. Cavaneau
8th Cir. · 2007 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 784 (8th *625 Cir.1999) (per curiam) (allegation that correction officers threatened inmate’s safety because he used prison grievance system is actionable retaliation claim under § 1988).
cited Cited "see" Jose R. Tineo v. Bureau of Prisons
8th Cir. · 2006 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (standard of review).
discussed Cited "see" Harry Maddox, III v. Laura Davis
8th Cir. · 2005 · signal: see · confidence high
See Cooper, 189 F.3d at 783-84 (reversing § 1915A dismissal where inmate alleged he submitted medical service requests to health care administrator regarding painful dental problems and was refused treatment); Boyd v. Knox, 47 F.3d 966, 968 (8th Cir. 1995) (prison officials’ knowledge may be established based on fact that needs were obvious; supervisor incurs liability when personally involved in Eighth Amendment violation or when corrective inaction constitutes deliberate indifference).
cited Cited "see" Corey Sanders v. Larry Norris
8th Cir. · 2005 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (standard of review).
cited Cited "see" Vernon Bryan Olson v. City of Sartell
8th Cir. · 2005 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (standard of review).
cited Cited "see" David Wayne Boyles v. T. Park
8th Cir. · 2004 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (standard of review).
discussed Cited "see" Napoleon Hartsfield v. Dept. of Corrections (2×)
8th Cir. · 2004 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 785 (8th Cir.1999) (per curiam); Cooper v. Delo, 997 F.2d 376, 377 (8th Cir.1993) (per curiam).
discussed Cited "see" R. Sterling/Sayyed v. James Banks
8th Cir. · 2003 · signal: see · confidence high
See Cooper, 189 F.3d at 784 (reversing § 1915A dismissal of inmate’s First Amendment claim that he was denied access to printed materials, including “all magazines” and legal and religious materials; given allegation that prisoner was denied publications, prison was obligated to proffer legitimate reason for decision to deny these materials).
cited Cited "see" Michael Britt Hodges v. Mike Huckabee
8th Cir. · 2002 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam) (de novo review).
cited Cited "see" Lengesso v. Springfield State Prison Mental Health Service
8th Cir. · 2002 · signal: see · confidence high
See Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam).
cited Cited "see" Burma Jean Martin v. U.S. Trustee
8th Cir. · 2001 · signal: see · confidence high
See Cooper v. Schri-ro, 189 F.3d 781 , 783 (8th Cir.1999).
Retrieving the full opinion text from the archive…
Percy J. Cooper
v.
Dora B. Schriro Mike Groose, Superintendent Lisa Jones Sherie Koeneman Mike Kemna Jean Ann for the Johnson Russell Hollowell Heather Townsend E. Ruppel Mark Clark Phillips, Lt. Terry Page S. Kroush Lori Burke Larry Williams S. Saunders H. Wood J. Weir Marsha Urick N. Karn William Hughes Rhonda Almanze Mark Major Kelly Peterie Vivian Conway and M. Hunter
98-4185.
Court of Appeals for the Eighth Circuit.
Sep 9, 1999.
189 F.3d 781

189 F.3d 781 (8th Cir. 1999)

Percy J. Cooper, Appellant,
v.
Dora B. Schriro; Mike Groose, Superintendent; Lisa Jones; Sherie Koeneman; Mike Kemna; Jean Ann for the Johnson; Russell Hollowell; Heather Townsend; E. Ruppel; Mark Clark; Phillips, Lt.; Terry Page; S. Kroush; Lori Burke; Larry Williams; S. Saunders; H. Wood; J. Weir; Marsha Urick; N. Karn; William Hughes; Rhonda Almanze; Mark Major; Kelly Peterie; Vivian Conway; and M. Hunter, Appellees.

No. 98-4185WM

United States Court of Appeals FOR THE EIGHTH CIRCUIT

Submitted: August 4, 1999
Filed: September 9, 1999

On Appeal from the United States District Court Western District of Missouri.

Before McMILLIAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.

PER CURIAM.

[*~781]1

Missouri prisoner Percy J. Cooper filed a 42 U.S.C. 1983 complaint of more than thirty pages, which listed as defendants twenty-four Department of Corrections (DOC) employees and two Correctional Medical Services employees. The District Court granted Cooper provisional leave to proceed in forma pauperis (IFP); stated that Cooper's complaint did not conform with Federal Rule of Civil Procedure 8(a)'s "short and plain statement" requirement; and explained to Cooper that he could file an amended complaint on court-approved forms, but his failure to do so would result in dismissal.

2

Cooper then filed an amended complaint on a section 1983 complaint form. He named as defendants "Michael Kemna et al." and referenced the original complaint in the section titled "Parties to this civil action." In the "Statement of claim" and "Relief" sections, Cooper wrote "See: Attach" and "See: Original Complaint." Cooper attached a statement in which he alleged that as a result of defendants' actions "as set forth in [his] original complaint," his "parole release date" was being deferred; his assignment to administrative segregation was continuing; he was suffering from "severe toothaches"; he had been denied access to media, legal, and religious material; he had been sanctioned for "false violations"; and he had been denied redress through administrative remedies, all of which caused him physical and psychological injury in violation of both the state and federal constitutions.

3

The Court dismissed Cooper's amended complaint under 28 U.S.C. 1915A(b)(1) for failure to state a claim, declaring that the complaint "contain[ed] no description whatsoever of how the 26 named defendants" personally violated Cooper's constitutional rights. Cooper appealed and was granted IFP status; both Cooper and the defendants employed by the State of Missouri have filed briefs. Cooper argues that the "district court erred in not giving [his] complaint a liberal construction" and that he was denied access to the court and legal assistance. For the reasons stated below, we affirm in part, reverse in part, and remand the action to the District Court.

[*781]4

We agree with defendants that Cooper's amended complaint, viewed without reference to the original complaint, does not state a claim for relief, as the only defendant Cooper named was Kemna "et al.," and Cooper did not explain how Kemna was responsible for the alleged violations of his rights. See Frey v. City of Herculaneum, 44 F.3d 667, 672 (8th Cir. 1995) (complaint which did not indicate how defendants were involved in alleged violations and was conclusory failed to meet notice-pleading standard). It seems clear, however, that Cooper intended to have the two complaints read together; and it appears the District Court considered the original complaint to some extent because the dismissal order references "26 named defendants," whereas the amended complaint lists only Kemna "et al." as defendants. In any event, we believe Cooper's original complaint is lengthy not because he failed to state his claims concisely or in compliance with Rule 8, but because he named so many defendants. Cf. Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir. 1987) (per curiam) ("While all pleadings are to be construed to do substantial justice . . . the pleading must at a minimum be sufficient to give the defendant notice of the claim.").

5

Upon de novo review of the original complaint, see McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997) ( dismissal under 1915A for failure to state claim is reviewed de novo), we believe Cooper stated claims for relief against several defendants, see Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam) (pro se litigant&s allegations are construed liberally).

6

We conclude that Cooper stated a claim against health care administrator Rhonda Almanza for deliberate indifference to serious medical and dental needs in violation of the Eighth Amendment, as Cooper alleged he filed a medical service request regarding his painful dental problems (decayed and cracked teeth) and was refused treatment. See Estelle v. Gamble, 429 U.S. 97, 104 (1976) (Eighth Amendment violated where prison officials are deliberately indifferent to prisoner's serious medical needs); Boyd v. Knox, 47 F.3d 966, 969 (8th Cir. 1995) (delay in dental care coupled with knowledge of patient's pain can support Eighth Amendment claim).

[*~781]7

We also conclude Cooper stated a claim against "Function Unit Manager" (FUM) Russell Hollowell for denying him access to printed materials, including "all magazines" and legal and religious materials, in violation of the First Amendment. Prison regulations which restrict an inmate's access to publications are valid under the Constitution if "reasonably related to legitimate penological interests." See Dawson v. Scurr, 986 F.2d 257, 259-60, 263 (8th Cir.) (internal quotation omitted) (upholding Iowa regulations limiting access to sexually explicit materials), cert. denied, 510 U.S. 884 (1993). Given Cooper's allegation that he was denied all magazines as well as copies of other specific publications, we believe the prison would be obligated to proffer a legitimate reason for any decision to deny Cooper access to these materials.Related to this claim, we conclude Cooper's allegation that DOC director Dora Schriro authorized the denial of printed materials to inmates is sufficiently specific to state a section 1983 claim for actions allegedly taken directly by her. See Boyd, 47 F.3d at 968 (supervisor may not incur liability on theory of respondeat superior; "supervisor must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye" to it (internal quotation and citation omitted)).

[*~782]8

Next, Cooper's allegations against corrections officers N. Karn, Mark Major, William Hughes, and M. Hunter--that Karn shut off his water for five days and the others threatened his safety, all because he used the prison grievance system--are sufficient to state a retaliation claim. See Madewell v. Roberts, 909 F.2d 1203, 1206 (8th Cir. 1990) (otherwise proper acts are actionable under 1983 if taken in retaliation for exercise of constitutionally protected right); Sprouse v. Babcock, 870 F.2d 450, 452 (8th Cir. 1989) (recognizing right to petition for redress of grievances under established prison grievance system); Hudspeth v. Figgins, 584 F.2d 1345, 1348 (4th Cir. 1978) (per curiam) (threat to prisoner may state claim of denial of access to courts if threats were intended to intimidate inmate from exercising that right), cert. denied, 441 U.S. 913 (1979). Cooper did not, however, state a claim as to superintendent Michael Kemna based on his allegation that he "belie[ved]" Kemna ordered officers to file false violations against him in retaliation for his grievances. See Atkinson v. Bohn, 91 F.3d 1127, 1129 (8th Cir. 1996) (per curiam) (speculative and conclusory allegations cannot support retaliation claim).

[*~783]9

Last, Cooper did not state that the punishment he received following hearings in front of Disciplinary Hearing Officer E. Ruppel and FUM S. Kroush was overturned or in any way invalidated; therefore, his claim for damages and declaratory relief is barred under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), although, assuming Cooper has standing, his claim for injunctive relief--enjoining defendants from conducting hearings that lack constitutionally required process in the future--survives because such relief would not call into question the underlying punishment. See Edwards v. Balisok, 520 U.S. 641, 648 (1997).

10

Cooper's other allegations simply failed to allege the violation of a federal right, see Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993) (per curiam) ( 1983 plaintiff must allege violation of federal statutory or constitutional right), or lacked sufficient specificity under even the most liberal pleading requirements, see Martin v Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985) (pro se pleading must contain specific facts supporting its conclusions), and were properly dismissed for failure to state a claim.

[*~784]11

Accordingly, we affirm in part, and reverse and remand in part.