Jack Griffith v. Louie L. Wainwright, 772 F.2d 822 (11th Cir. 1985). · Go Syfert
Jack Griffith v. Louie L. Wainwright, 772 F.2d 822 (11th Cir. 1985). Cases Citing This Book View Copy Cite
341 citation events (227 in the last 25 years) across 21 distinct courts.
Strongest positive: Ryan Frank Demon v. Unit Manager Denisha Foster; Lt. Malcolm Williams; and Cert Officer Bobby Clark (gasd, 2026-02-18)
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cited Cited as authority (rule) Ryan Frank Demon v. Unit Manager Denisha Foster; Lt. Malcolm Williams; and Cert Officer Bobby Clark
S.D. Ga. · 2026 · confidence medium
(Doc. no. 32.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) RONALD H. FOSTER v. AUTHOR SUCCESS PUBLISHING, MARK ANDERSON, MICHAELA STONE, EMILY ROSE, ECHO GLOBAL LLC, and KHURRAM Y. KHAN, individually and as organizer of Echo Global LLC
M.D. Ala. · 2025 · confidence medium
Lewis v. Asplundh Tree Expert Co., 305 F. App’x 623, 627 (11th Cir. 2008); Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985); Donaldson v. Clark, 819 F.2d 1551, 1554 (11th Cir. 1987).
discussed Cited as authority (rule) Strickland v. Chambers
S.D. Ga. · 2025 · confidence medium
In satisfaction of the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), the Clerk of Court gave both Plaintiff and Defendants notice of the summary judgment motions and the summary judgment rules, of the right to file affidavits or other materials in opposition, and of the consequences of default.
discussed Cited as authority (rule) John Kister v. Michael Borowicz
11th Cir. · 2025 · confidence medium
Bd. of Orange Cnty, 487 F.3d 1361, 1368 (11th Cir. 2007) (quoting Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985). “[D]istrict courts in this Circuit have required special reports in pro se prisoner litigation for decades.” Horton, 128 F.4th at 1226 USCA11 Case: 23-13338 Document: 41-1 Date Filed: 04/04/2025 Page: 9 of 15 23-13338 Opinion of the Court 9 (rejecting plaintiff’s argument that the special-report procedure should afford him the opportunity to sua sponte amend his com- plaint).
discussed Cited as authority (rule) Michael Chapman v. Jefferson Dunn
11th Cir. · 2025 · confidence medium
Bd. of Orange Cnty., 487 F.3d 1361, 1368 (11th Cir. 2007) (alteration adopted) (quoting Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam)). 7 In August 2020, the magistrate judge ordered Chapman to file a response to the defendants’ answers and written reports—and stated that “at some time in the future” he would treat the parties’ filings as “dispositive motion[s]” for summary-judgment purposes.
cited Cited as authority (rule) Eads v. Cheney
S.D. Ga. · 2025 · confidence medium
(Doc. no. 46.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) Greene v. Sheriff, Richmond County Jail
S.D. Ga. · 2025 · confidence medium
Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985).
discussed Cited as authority (rule) Conyers v. Chambers
S.D. Ga. · 2024 · confidence medium
(Doc. no. 26.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.1 In accordance with Local Rule 56.1, Defendants included a Statement of Undisputed Material Facts with their summary judgment motion.
cited Cited as authority (rule) Peavy v. CoreCivic, Inc.
S.D. Ga. · 2024 · confidence medium
No. 47.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) Whittle v. Southern Correctional Medicine
S.D. Ga. · 2024 · confidence medium
The Clerk has issued the appropriate summary judgment notices and warnings in compliance with Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam).
cited Cited as authority (rule) Coast v. Adams
S.D. Ga. · 2024 · confidence medium
Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985).
cited Cited as authority (rule) Twitty v. Cheney
S.D. Ga. · 2024 · confidence medium
(Doc. no. 26.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) Jackson v. White
S.D. Ga. · 2024 · confidence medium
(Doc. no. 59.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) BAYSE v. WARD
S.D. Ga. · 2024 · confidence medium
The Clerk has issued the appropriate summary judgment notices and warnings in compliance with Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam).
discussed Cited as authority (rule) Gillespie v. James
S.D. Ga. · 2024 · confidence medium
(Doc. no. 58.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.1 1 The Court also explained summary judgment motions, along with the rights and requirements associated with responding, in its December 5, 2022 Order screening Plaintiff’s original complaint.
discussed Cited as authority (rule) Thompson v. White
S.D. Ga. · 2024 · confidence medium
(Doc. nos. 44-48.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.1 On November 3, 2023, Plaintiff filed an unsworn response labeled as “Affidavit of Fact in Dispute of Assertions in Defendant’s Declaration,” in which he enumerates thirteen disputed points.
cited Cited as authority (rule) Twitty v. Cheney
S.D. Ga. · 2023 · confidence medium
Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985).
discussed Cited as authority (rule) Tucker v. Thomas
S.D. Ga. · 2023 · confidence medium
(Doc. no. 8.) 2 Therefore, the Court finds, while not explicitly stated in the numerous warnings to Plaintiff, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are Facts (“SMF”) in support of his summary judgment motion.
cited Cited as authority (rule) Porter v. Jermaine
S.D. Ga. · 2023 · confidence medium
Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985).
cited Cited as authority (rule) Doherty v. Infuserve America, Inc.
M.D. Fla. · 2023 · confidence medium
Notice (Doc. 87) at 1 (citing Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985)).
cited Cited as authority (rule) Scott v. McKensie
S.D. Ala. · 2023 · confidence medium
See Somerville v. Hall, 2 F.3d 1563, 1564 (11th Cir. 1993); Brown v. Shinbaum, 828 F.2d 707, 708 (11th Cir. 1987); Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985).
discussed Cited as authority (rule) Thomas v. Thomas
S.D. Ga. · 2023 · confidence medium
(See doc. nos. 47, 50.) After determining Plaintiff had not shown good cause to modify the case deadlines and confirming Plaintiff had been allowed to view the video of the incident forming the basis for this lawsuit, the Court denied the motion to re-open discovery, explained the requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985), and 1The Eleventh Circuit recognizes different tests for distinct Eighth Amendment claims of cruel and unusual punishment, use of excessive force, and deliberate indifference to serious medical needs.
cited Cited as authority (rule) Emory v. Thomas
S.D. Ga. · 2023 · confidence medium
(Doc. no. 26.) The Clerk of Court then issued a notice to Plaintiff that satisfies the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam).
discussed Cited as authority (rule) Alvarez v. APLM Services
S.D. Ga. · 2022 · confidence medium
Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985); see also United States v. One Colt Python .357 Cal. Revolver, S/N T03461 W/Holster, 845 F.2d 287, 289 (11th Cir. 1988) (“The disposition of a case on summary 1 While Rule 56 does not enumerate a ten-day requirement, binding precedent holds that ten days is the minimum. judgment grounds represents a final decision on the merits and forecloses subsequent litigation.
discussed Cited as authority (rule) Udell v. Laughlin
S.D. Ga. · 2022 · confidence medium
(See doc. nos. 45, 46.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.2 On June 21, 2022, Plaintiff responded with a statement of material facts and a 2The Court also explained summary judgment motions, along with the rights and requirements associated with responding, in its May 25, 2021 Order directing service of Defendant Williams.
discussed Cited as authority (rule) Maurice A. Johnson v. Gabriel Ortiz
11th Cir. · 2022 · confidence medium
Finally, Johnson contends that the district court failed to give him adequate notice of the summary judgment rules con- cerning his “right to file affidavits or other material in opposition to the motion.” Br. of Appellant at 8 (quoting Griffith v. Wain- wright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam)).
discussed Cited as authority (rule) Reaves v. The City of Tuscumbia
N.D. Ala. · 2021 · confidence medium
This court in a previous order placed Reaves on notice that “[a]ffidavits must either be notarized or be subscribed as true under penalty of perjury.” (Doc. 58 at 3 (citing Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985)).
cited Cited as authority (rule) Griffin v. General Electric Aviation (MAG+)
M.D. Ala. · 2021 · confidence medium
The undersigned has provided Plaintiff notice of the summary judgment motion pending against him in accordance with Griffin v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985), and its progeny.
cited Cited as authority (rule) Dunham v. Zanders
S.D. Ga. · 2020 · confidence medium
No. 134.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) Jermaine Lloyd v. Richard Roundtree
S.D. Ga. · 2020 · confidence medium
(Doc. no. 20.) The Court provided Plaintiff with notice in compliance with Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam).
examined Cited as authority (rule) William A. White v. Ronald Shaw (3×) also: Cited "see"
11th Cir. · 2019 · confidence medium
We strictly enforce this notice requirement, regularly vacating and remanding cases in which the district court did not provide the non-moving party with “express, ten-day notice of the summary judgment rules, of his right to file affidavits or other materials in opposition . . . , and of the consequences of default.” Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985).
cited Cited as authority (rule) Horacio Sequeira v. Steven Steinlauf
11th Cir. · 2018 · confidence medium
Griffith v. Wainwright, 772 F.2d 822, 824 (11th Cir. 1985).
cited Cited as authority (rule) Clark v. Board of Regents
S.D. Ga. · 2017 · confidence medium
(Doc. 35.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) Pearson v. Augusta ex rel. Davis
S.D. Ga. · 2017 · confidence medium
(Docs. 59, 60, 139, 142.) Thus, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) Solo Cup Operating Corp. v. International Brotherhood of Teamsters, Local 528
S.D. Ga. · 2017 · confidence medium
(Docs. 25, 26.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam), are satisfied.
cited Cited as authority (rule) Stevens v. Southern Nuclear Operating Co.
S.D. Ga. · 2016 · confidence medium
(Doc. 24.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), are satisfied.
cited Cited as authority (rule) Waters v. Georgia Department of Juvenile Justice
S.D. Ga. · 2016 · confidence medium
(Doc. 45.) The notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), therefore, are satisfied and the motion is ripe for review.
discussed Cited as authority (rule) State Farm Mutual Automobile Insurance v. Marshall
S.D. Ga. · 2016 · confidence medium
(Case No. l:14-cv-170, Docs. 25, 28, 29; Case No. l:14-cv-220, Docs. 22, 27, 28.) The notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam) are therefore satisfied, and the motions are ripe for review.
discussed Cited as authority (rule) Bartels v. 402 East Broughton Street, Inc.
S.D. Ga. · 2016 · confidence medium
Thereafter, in compliance with Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), the Clerk provided Plaintiff with notice of the summary judgment motion, the summary judgment rules, the right to file affidavits or other materials in opposition, and the consequences of default.
cited Cited as authority (rule) Spies v. Deloach Brokerage, Inc.
S.D. Ga. · 2016 · confidence medium
(Doc. 21.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), are satisfied.
cited Cited as authority (rule) Ingram v. AAA Cooper Transportation, Inc.
S.D. Ga. · 2016 · confidence medium
(Doc. 27.) The notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), therefore, are satisfied and the motion is ripe for review.
discussed Cited as authority (rule) Kicklighter v. McIntosh County Board of Commissioners
unknown court · 2016 · confidence medium
After discovery concluded, Defendants filed the instant motion for summary judgment (Doc. 19), and, in compliance with Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), the Clerk provided Plaintiff with notice of the motion, the summary judgment rules, the right to file affidavits or other materials in opposition, and the consequences of default (Doc. 20).
cited Cited as authority (rule) Ameris Bank ex rel. Federal Deposit Insurance v. SB Partners, LLC
S.D. Ga. · 2016 · confidence medium
(Doc. 25.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822,825 (11th Cir.1985) (per curiam), are satisfied.
cited Cited as authority (rule) Brantley v. Ferrell Electric, Inc.
S.D. Ga. · 2015 · confidence medium
(Doc. 86.) Thus, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam) are satisfied and the motion is ripe for review.
cited Cited as authority (rule) Kelly v. Ambroski
N.D. Ala. · 2015 · confidence medium
Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985).
discussed Cited as authority (rule) Progressive Mountain Insurance v. Anderson
S.D. Ga. · 2015 · confidence medium
(Doc. 34.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), are satisfied. ■ The time for filing materials in opposition has expired, and the motion is now ripe for consideration.
cited Cited as authority (rule) Gold Cross EMS, Inc. v. Children's Hospital of Alabama
S.D. Ga. · 2015 · confidence medium
(Doc. 46.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), are satisfied.
cited Cited as authority (rule) Miller v. Shaner Hotel Group Ltd. Partnership
S.D. Ga. · 2014 · confidence medium
(Doc. no. 20.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), are satisfied.
cited Cited as authority (rule) Sikes v. United States
S.D. Ga. · 2013 · confidence medium
(Doc. nos. 26, 31.) Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), are satisfied.
discussed Cited as authority (rule) Abdiel Echeverria v. BAC Home Loans Servicing, LP
11th Cir. · 2013 · confidence medium
Although we require district courts to provide pro se litigants notice of their right to file affidavits and other materials in opposition to a motion *678 for summary judgment, see Griffith v. Wainwright, 772 F.2d 822, 824 (11th Cir.1985), there is no “duty” imposed on non-moving parties to file anything in response.
Retrieving the full opinion text from the archive…
Jack GRIFFITH, Plaintiff-Appellant,
v.
Louie L. WAINWRIGHT, Et Al., Defendants-Appellees
85-3001.
Court of Appeals for the Eleventh Circuit.
Sep 30, 1985.
772 F.2d 822
Richard J. Salem, Bernice S. Saxon, Tampa, Fla., for Fortner and Riddle.
Fay, Johnson, Clark.
Cited by 271 opinions  |  Published
PER CURIAM:

Appellant Jack Griffith filed this civil rights action pro se, alleging denial of rights guaranteed by the United States Constitution arising from a prison regulation requiring all “routine” mail posted at the prison mail room to be tendered in unsealed envelopes for inspection by Appel-lee Beatrice Riddle. The United States District Court for the Middle District of Florida granted Appellees’ motion for summary judgment, finding no material issue of fact in controversy and Appellees entitled to judgment as a matter of law. We granted Appellant’s motion to proceed in forma pauperis. We VACATE the opinion below and REMAND this case for further consideration by the District Court. BACKGROUND:

On December 28, 1983, Appellant Griffith presented a sealed, post-paid business reply envelope, pre-addressed to the Fla-gler National Bank, to Appellee Riddler, Mailroom Officer of the Avon Park Correctional Institution [hereinafter “APCI”] operated by the State of Florida. Riddle refused to accept the envelope for posting, relying on Institutional Operating Procedure Section IV, 2.07.09 entitled “Inmate Correspondence,” which rule provides that APCI has the right to examine and review all incoming and outgoing mail of a routine nature. [1] This rule was promulgated by[*824] Appellee G.S. Fortner and was in response to concerns that unmonitored mail might pose a risk to prison security. [2]

On January 23, 1984, Appellant brought a pro se action in the court below under 42 U.S.C.A. § 1983 (1981) alleging that the APCI policy requiring him to tender routine mail to prison employees for screening before posting violated his right of freedom of speech and his right to privacy protected by the United States Constitution. He sought injunctive relief as well as compensatory and punitive damages in the amount of $15,000. The district court below granted Appellant’s motion to proceed in forma pauperis.

The Appellees filed timely motions to dismiss for failure to state an actionable claim under Fed.R.Civ.P. 12(b)(6) and alternatively for summary judgment under Fed.R. Civ.P. 56, admitting that it was the policy of the APCI to refuse to post routine, sealed envelopes that had not been screened by prison personnel. Appellees argued that because the policy was valid, reasonable, and applied to Appellant in good faith, they were entitled to judgment as a matter of law.

Appellant filed a response to Appellees’ motions alleging that Appellee Riddle had abused her discretion under the rules by refusing to post the sealed envelope.

On December 13, 1984, the district court rejected the motion to dismiss for failure to state a claim because resolution of the controversy required the court to rely upon information without the pleadings. However, the court found that there was no material issue of fact presented, that the envelope in question was of the routine sort covered by the regulation, that the regulation was consistent with the holding of the United States Supreme Court in Pro-cunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800, 40 L.Ed.2d 224 (1974), and accordingly that the rule passed constitutional muster. The court granted Appellees’ motion for summary judgment. Griffith appealed that judgment on January 3, 1985.

Although this case comes before us in the posture of a First Amendment case, we find it unnecessary to reach the question of whether the Appellant here stated a meritorious claim on the constitutional question. Instead, we are compelled by our own precedents to note sua sponte that the court below failed to adhere to the dictates of Fed.R.Civ.P. 56(c), which rule requires that summary judgment cannot be entered against a party unless that person has been given express notice, ten days in advance, of his rights under that rule and how he might best defend them. [3]

[*825] THE REQUIREMENT OF NOTICE:

For the fifth time in four years this Court is forced to return to a busy district court a pro se case for failure to adhere to the notice requirement of Rule 56(c). We have held repeatedly that this requirement of notice will be deemed strictissimi juris and applies to all parties litigant. Milburn v. United States, 734 F.2d 762, 766 (11th Cir.1984) (“[T]his court has established a ‘bright-line' test requiring 10-day advance notice that the court will take a motion for summary judgment under advisement as of a certain date”); Finn v. Gunter, 722 F.2d 711, 713 (11th Cir.1984) (“This circuit has consistently upheld the strict notice requirements of rule[ ] ... 56(c)”); Moore v. State of Florida, 703 F.2d 516, 519-20 (11th Cir.1983) (“Generally, ‘the 10-day notice requirement of Rule 56(c) is strictly enforced.’ ”); Herron v. Beck, 693 F.2d 125, 126 (11th Cir.1982) (“It is well established in this circuit that the ten-day notice requirement of Rule 56(c) is strictly enforced.”). [4]

While it is well settled in this Circuit that this requirement does not of necessity require that such notice be given at an oral hearing, Moore, 703 F.2d at 519, our jurisprudence requires at least this: that an adverse party must be given express, ten-day notice of the summary judgment rules, of his right to file affidavits or other material in opposition to the motion, and of the consequences of default. That done, the court may properly take the motion under advisement as of a day certain and may rule on the motion consistent with the dictates of procedural fairness required by Rule 56. Moore, 703 F.2d at 519; Kibort v. Hampton, 538 F.2d 90, 91 (5th Cir.1976). [5]

We have also recognized the especial care which must be exercised when an action is brought alleging denial of basic constitutional liberties by an indigent prisoner lacking formal legal training. Such parties “occupy a position significantly different from that occupied by litigants represented by counsel.” Moore, 703 F.2d at 520. In such cases, as in that before us today, “a court should be particularly careful to ensure proper notice to a pro se litigant,” Herron, 693 F.2d at 127, so that any rights that such a litigant might have will not be extinguished merely through failure to appreciate the subtleties of modern motion practice. [6]

[*826] We have searched the record of the instant case in vain for any indication that the court below properly advised Griffith under Rule 56(c). Neither the record nor the pleadings suggest that Appellant had any knowledge of the rules concomitant to a motion for summary judgment, of the need to assemble affidavits and other documents necessary to counter the Appellees’ motion, or of the court’s intention to take the motion under advisement. We find the fact that Griffith filed two objections to Appellee’s motion unpersuasive on this question because we find no evidence in those pleadings that the arguments advanced were in any meaningful way responsive to a motion for summary judgment. Nor do we find anything in the order of the court below to suggest that Appellant’s objections were in any way useful to the court in ruling on the motion. We think it clear from the inadequacies of Appellant’s responses that he was not given notice proper under Rule 56(c). Accordingly, we must vacate the judgment of the district court and remand this case to that court for reconsideration in light of this decision. We leave for another day the question of whether the First Amendment protects prisoners’ routine mail from screening by prison authorities.

VACATED and REMANDED.

1

. Section IV provides that "Any routine mail sent or received by an inmate may be opened, examined and read by a designated Mail Room Officer. Outgoing mail shall not be sealed by the inmate sender." Additionally, Section XIII provides that "The institution maintains the pe-rogative [sic] to open, examine and read all routine mail, both incoming and outgoing.”

APCI regulations also provide that communication of a “legal” or "privileged” nature, as defined in § III, Institutional Operating Procedure 3.03.03 "Preparation of Legal Documents,[*824] Legal Mail, and Privileged Mail" is exempt from screening by prison employees.

2

. Section V, 2.07.09 A 3 sets forth those materials that "may be disapproved for mailing or delivery to the inmate" and prohibits receipt or posting of that material that:

(a) contains threats of physical harm against the person or threats of criminal activity.
(b) threatens blackmail or extortion.
(c) concerns sending contraband in or out of the institution.
(d) concerns plans to escape.
(e) concerns plans for activities in violation of institutional rules and regulations.
(f) concerns plans for criminal activity.
(g) is in code and its contents are not understood by the reader.
(h) solicits gifts or goods or money from other than the family.
(i) is obscene or contains a graphic presentat-ing [sic] of sexual behavior that is in violation of law.
(j) contains information which, if communicated, would create a clear and present danger of violence and physical harm to a human being.
(k) is dangerously inflammatory in that it advocates or encourages riots, insurrection, escape, disruption of the institution or similar activity which would present a serious threat to the security, order or rehabilitative objectives of the institution.
(/) contains information which inmates might use to manufacture or devise weapons, drugs, intoxicants or escape, parphernalia [sic] or to effect or facilitate escape or disruption of the institution.
3

. Rule 56(c) provides as follows:

The motion shall be served at least ten days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the[*825] moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
4

. The policy considerations which underlie this consistent requirement are premised on the fact that disposition of a case on summary judgment grounds represents a final adjudication on the merits. It forecloses subsequent litigation on the matter; it is accordingly important that proper notice be given so as to insure “opportunity to present every factual and legal argument available.” Finn, 722 F.2d at 713; Georgia, & S.R. Co. v. Atlantic Coast Line R. Co., 373 F.2d 493, 498 (5th Cir.), cert. denied, 389 U.S. 851, 88 S.Ct. 69, 19 L.Ed.2d 120 (1967).

5

. This Court has adopted as binding precedent all decisions of the former Fifth Circuit Court of Appeals announced prior to October 1, 1981. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc).

6

. In adopting a requirement of particular care in cases involving indigent, pro se litigants, we are in accord with a number of other circuits. See, e.g., Lewis v. Faulkner, 689 F.2d 100, 102 (7th Cir.1982) ("Since few prisoners have a legal background, we think it appropriate to lay down a general rule that a prisoner who is a plaintiff in a civil case and is not represented by counsel is entitled to receive notice of the consequences of failing to respond with affidavits to a motion for summary judgment.”); Ham v. Smith, 653 F.2d 628, 629-30 (D.C.Cir.1981) (pro se litigants must be accorded "special attention” by judges when such litigants are faced with motions for summary judgment, meaning " 'at a bare minimum’ ” notice of the rules attendant to a motion for summary judgment and the risks of failure to respond); Barker v. Norman, 651 F.2d 1107, 1128-29 & n. 26 (5th Cir. Unit A 1981) (court has an obligation to afford parties the opportunity to remedy “obvious defects in ... summary judgment materials” although even as to a party appearing pro se, a judge “is neither required nor permitted to become counsel for [a] party____); Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (motion should only be granted against a pro se plaintiff if given clear, understandable notice by the court of the need to file affidavits and material, and of the consequences of default).