Michael D. Sizemore v. Jerry Williford, 829 F.2d 608 (7th Cir. 1987). · Go Syfert
Michael D. Sizemore v. Jerry Williford, 829 F.2d 608 (7th Cir. 1987). Cases Citing This Book View Copy Cite
127 citation events (88 in the last 25 years) across 20 distinct courts.
Strongest positive: Bryce LaNear v. Joe Taylor and Michael Kirn (moed, 2025-11-21)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Bryce LaNear v. Joe Taylor and Michael Kirn
E.D. Mo. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
this circuit has held that in the absence of restrictions premised upon the legitimate goals and objectives of institutional confinement, prison inmates retain their first amendment rights to receive and to read newspapers and periodicals.
examined Cited as authority (verbatim quote) Letourneau v. Rhode Island Department of Corrections
D.R.I. · 2024 · quote attribution · 1 verbatim quote · confidence high
merely alleging an isolated delay or some other relatively short-term, non content-based disruption in the delivery of inmate reading materials will not support, even as against a motion to dismiss, a cause of action grounded upon the first amendment.
examined Cited as authority (verbatim quote) Scharnhorst v. Cantrell
W.D. Ark. · 2024 · quote attribution · 1 verbatim quote · confidence high
merely alleging an isolated delay or some other relatively short-term, non-content-based disruption in the delivery of inmate ready material will not support . . . a cause of action grounded upon the first amendment.
examined Cited as authority (verbatim quote) Scharnhorst v. Cantrell
W.D. Ark. · 2023 · quote attribution · 1 verbatim quote · confidence high
merely alleging an isolated delay or some other relatively short-term, non-content-based disruption in the delivery of inmate ready material will not support . . . a cause of action grounded upon the first amendment
examined Cited as authority (verbatim quote) Morgan v. Hinely
W.D. Ark. · 2022 · quote attribution · 1 verbatim quote · confidence high
merely alleging an isolated delay or some other relatively short-term, non content-based 39 disruption in the delivery of inmate reading materials will not support ... a cause of action grounded upon the first amendment
cited Cited as authority (rule) Karen Sam & Robert Sam v. Dekalb Housing Authority, et al.
N.D. Ill. · 2026 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987); Erickson v. Pardus, 551 U.S. 89, 94 (2007).
discussed Cited as authority (rule) Blake Wilson v. Anthony Wills, et al.
S.D. Ill. · 2025 · confidence medium
As to Plaintiff’s First Amendment claim of repeated occurrences of delaying his mail while he was housed in cell 2-44, Plaintiff will have to show that Defendant Bent “repeatedly and intentionally withheld otherwise unobjectionable materials from ever reaching him.” See Rowe v. Shake, 196 F.3d 778, 782 (7th Cir. 1999) (citing Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987)).
cited Cited as authority (rule) Victoria McKenzie v. Stateline Solar, LLC
N.D. Ill. · 2025 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987); Erickson v. Pardus, 551 U.S. 89, 94 (2007).
discussed Cited as authority (rule) Tuinstra v. Boughton
E.D. Wis. · 2025 · confidence medium
Blake v. United States, 841 F.2d 203, 205 (7th Cir. 1988) (citing Haines v. Kerner, 404 U.S. 519 (1972) and Sizemore v. Williford, 829 F.2d 608, 609 (7th Cir. 1987)). claim[].” ECF No. 21 at 9 (quoting United States v. Bell, 819 F.3d 310 , 321–22 (7th Cir. 2016) and citing Deck v. Missouri, 544 U.S. 622, 629 (2005)); id. at 8 (“When a state court rejects a federal claim without expressly addressing that claim, a federal habeas court must presume that the federal claim was adjudicated on the merits.” (quoting Johnson v. Williams, 568 U.S. 289, 301 (2013))).
cited Cited as authority (rule) Dieffenbacher v. Young
W.D. Va. · 2025 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987).
discussed Cited as authority (rule) Baisi v. Bleavins
S.D.W. Va · 2025 · confidence medium
Appx. 639 (4th Cir. 2004) (holding that “occasional incidents of delay or non-delivery of mail” are not actionable under § 1983); Sizemore v. Willford, 829 F.2d 608, 610 (7th Cir. 1987) (persistent short-term delays in receipt of mail did not constitute a constitutional deprivation).
discussed Cited as authority (rule) Cecil v. Keller
W.D. Va. · 2025 · confidence medium
Wis. Oct. 23, 2008) (holding that prison officials’ delaying inmate’s access to incoming mail for 10 days during lockdowns was too brief to violate the First Amendment); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987) (noting “an isolated delay or some other relatively short-term, non content-based disruption in the delivery of inmate reading materials will not support, even as against a motion to dismiss, a cause of action grounded upon the First Amendment.”); Odom v. Tripp, 575 F. Supp. 1491, 1493 (E.D.
cited Cited as authority (rule) Lipscomb v. Meisner
E.D. Wis. · 2024 · confidence medium
Blake v. United States, 841 F.2d 203, 205 (7th Cir. 1988) (citing Haines v. Kerner, 404 U.S. 519 (1972) and Sizemore v. Williford, 829 F.2d 608, 609 (7th Cir. 1987)).
discussed Cited as authority (rule) Ruffin v. Penry
D. Colo. · 2024 · signal: cf. · confidence medium
Cal. Sept. 8, 1997) (“[A]n isolated incident of mail interference or delay due to prison error does not justify relief under section 1983.”); cf. Sizemore v. Williford, 829 F.2d 608, 611 (7th Cir. 1987) (explaining that “the context of [an inmate’s] confinement” excuses “the occasional loss or theft of his [mail]”).
cited Cited as authority (rule) Brown v. Ottensmeier
S.D. Ill. · 2024 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987).
discussed Cited as authority (rule) Herrera v. Benavides
N.D. Cal. · 2024 · confidence medium
See Crofton v. Roe, 170 F.3d 957, 961 (9th Cir. 1999) 13 (policy of diverting publications through property room reasonably related to prison's 14 interest in inspecting mail for contraband); accord Rowe v. Shake, 196 F.3d 778, 782 (7th 15 Cir. 1999) (content-neutral short-term and sporadic delays in prisoner's receipt of mail did 16 not violate his 1st Amendment rights); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 17 1987) (allegations of isolated delay or some other relatively short-term, non-content-based 18 disruption in delivery of inmate mail not enough to state 1st Amendment clai…
discussed Cited as authority (rule) Lofquist v. Cecil
S.D. Ill. · 2024 · confidence medium
Regardless of any policy at Lawrence that pertained to foreign substances on books and/or their packaging, and regardless of who was actually involved in processing the packages from Plaintiff’s aunt and uncle, the record does not reflect “a continuing pattern of disregard for [Plaintiff’s] First Amendment right to read and receive [most] publications.” Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987).
discussed Cited as authority (rule) Herrera v. Benavides
N.D. Cal. · 2023 · confidence medium
See Crofton v. Roe, 170 F.3d 957, 961 (9th Cir. 1999) (policy of 26 diverting publications through property room reasonably related to prison's interest in 1 (content-neutral short-term and sporadic delays in prisoner's receipt of mail did not violate 2 his 1st Amendment rights); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987) 3 (allegations of isolated delay or some other relatively short-term, non-content-based 4 disruption in delivery of inmate mail not enough to state 1st Amendment claim); Bach v. 5 Illinois, 504 F.2d 1100, 1102 (7th Cir.) (isolated incident of mail mishandling in…
discussed Cited as authority (rule) Mason v. Cecil
S.D. Ill. · 2023 · confidence medium
Zimmerman v. Tribble, 226 F.3d 568, 572 (7th Cir. 2002) (“Allegations of sporadic and short-term delays in receiving mail are insufficient to state a cause of action grounded upon the First Amendment.”) (citing Rowe v. Shake, 196 F.3d 778, 782 (7th Cir. 1999); Sizemore v. Wiliford, 829 F.2d 608, 610 (7th Cir. 1987)).
discussed Cited as authority (rule) Henderson v. Hahn
N.D. Ind. · 2022 · confidence medium
However, “an isolated delay or some other relatively short-term, non content-based disruption in the delivery of inmate reading materials will not support, even as against a motion to dismiss, a cause of action grounded upon the First Amendment.” Rowe v. Shake, 196 F.3d 778, 782 (7th Cir. 1999) quoting Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987).
discussed Cited as authority (rule) Bray v. LaPorte County Jail
N.D. Ind. · 2021 · confidence medium
However, “an isolated delay or some other relatively short-term, non content-based disruption in the delivery of inmate reading materials will not support, even as against a motion to dismiss, a cause of action grounded upon the First Amendment.” Rowe v. Shake, 196 F.3d 778, 782 (7th Cir. 1999) (quoting Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987)).
discussed Cited as authority (rule) Smith v. Stevens (2×)
E.D. Wis. · 2021 · confidence medium
The court stated, “The free-speech clause of the First Amendment applies to communications between an inmate and an outsider, Martin v. Brewer, 830 F.2d 76, 77 (7th Cir. 1987), and if [the plaintiff] alleges a continuing pattern or repeated occurrences of such conduct he has a valid claim for a First Amendment violation.” Id. (citing Sizemore v. Williford, 829 F.2d 608, 609 (7th Cir. 1987)).
discussed Cited as authority (rule) Morgan v. Doe
S.D. Ill. · 2021 · confidence medium
Zimmerman v. Tribble, 226 F.3d 568, 572 (7th Cir. 2002) (“Allegations of sporadic and short-term delays in receiving mail are insufficient to state a cause of action grounded upon the First Amendment.”) (citing Rowe v. Shake, 196 F.3d 778, 782 (7th Cir. 1999); Sizemore v. Wiliford, 829 F.2d 608, 610 (7th Cir. 1987)).
discussed Cited as authority (rule) Quartman v. Eppers
E.D. Wis. · 2021 · confidence medium
Wolff at 576–77.6 “[M]erely alleging an isolated delay or some other relatively short- term, non content-based disruption in the delivery of inmate reading materials will not support, even as against a motion to dismiss, a cause of action grounded upon the First Amendment.” Rowe, 196 F.3d at 782 (quoting Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987)).
discussed Cited as authority (rule) Kaufmann v. Werlich
S.D. Ill. · 2020 · confidence medium
Kaufman v. McCaughtry, 419 F.3d 678 , 685–86 (7th Cir.2005).See Rowe v.Shake, 196 F.3d 778, 782 (7th Cir. 1999) (citing Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987) (although sporadic or short-term interference with mail delivery does not violate the constitution, repeated and intentional withholding of mail states a claim)).
cited Cited as authority (rule) Scolman, Joshua v. Foster, Brian
W.D. Wis. · 2020 · confidence medium
Id. at 609, 611 ; Antonelli v. Sheahan, 81 F.3d 1422, 1432 (7th Cir. 1996) (allegations that mail delivery was delayed for an inordinate amount of time can support a First Amendment claim).
cited Cited as authority (rule) Simpson v. Weycker
E.D. Wis. · 2020 · confidence medium
Sept. 22, 2016) (citing Zimmerman v. Tribble, 226 F.3d 568, 572 (2000); Sizemore v. Williford, 829 F.2d 608, 609 (7th Cir. 1987)).
discussed Cited as authority (rule) Kucinsky v. Pfister
Ill. App. Ct. · 2020 · confidence medium
See Zimmerman v. Tribble, 226 F.3d 568, 572 (7th Cir. 2000) (courts look to whether the plaintiff alleges “a continuing pattern or repeated occurrences” of interference with mail to determine whether there has been a first amendment violation); Sizemore v. Williford, 829 F.2d 608, 609-10 (7th Cir. 1987) (allegations that prison officials “repeatedly and intentionally” withheld otherwise unobjectionable materials (a daily newspaper) from reaching the inmate-plaintiff were sufficient to state a first amendment claim).
discussed Cited as authority (rule) Cooper v. Johnson
E.D. Wis. · 2019 · confidence medium
However, “merely alleging an isolated delay or some other relatively short-term, non content-based disruption in the delivery of inmate reading materials will not support, even as against a motion to dismiss, a cause of action grounded upon the First Amendment.” Id. (quoting Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987)).
discussed Cited as authority (rule) Emery v. Helder
W.D. Ark. · 2018 · confidence medium
Furthermore a number of courts have held that prisoners have a right to receive and read newspapers See e.g, Sizemore v. Wi//iford, 829 F.2d 608, 610 (7th Cir. 1987) (absent restrictions based on legitimate goals of oonfinement, prison inmates retain First Amendment right to receive and read newspapers). ' Nevertheless, certain restrictions on access to newspapers and magazines have been recognized as valid.
cited Cited as authority (rule) Bobby Harrison v. Cook County, Illinoi
7th Cir. · 2011 · confidence medium
See Rowe v. Shake, 196 F.3d 778, 782 (7th Cir. 1999); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987).
cited Cited as authority (rule) Harrison v. County of Cook
7th Cir. · 2010 · confidence medium
See Rowe v. Shake, 196 F.3d 778, 782 (7th Cir.1999); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987).
cited Cited as authority (rule) Bobby Harrison v. Cook County, Illinois
7th Cir. · 2010 · confidence medium
See Rowe v. Shake, 196 F.3d 778, 782 (7th Cir. 1999); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987).
cited Cited as authority (rule) Harrison v. County of Cook
7th Cir. · 2010 · confidence medium
See Rowe v. Shake, 196 F.3d 778, 782 (7th Cir.1999); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987).
cited Cited as authority (rule) Heleva v. Kramer
3rd Cir. · 2007 · confidence medium
See Labov v. Lalley, 809 F.2d 220, 222-23 (3d Cir.1987); Sizemore v. Williford, 829 F.2d 608, 611 (7th Cir.1987).
cited Cited as authority (rule) Lindell, Nathaniel v. O'Donnell, Cindy
7th Cir. · 2006 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987).
cited Cited as authority (rule) Banks v. Beard
3rd Cir. · 2005 · confidence medium
See Allen v. Coughlin, 64 F.3d 77, 79 (2d Cir.1995); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987). 6 .
discussed Cited as authority (rule) Banks v. Beard
3rd Cir. · 2005 · confidence medium
(App.93) 2 The relevant DOC regulations state: "Any inmate who is, has or may be planning to engage in the following activities may be appropriate for assignment in the LTSU: (1) inmates who fail to complete SMU [Special Management Unit]; (2) serious escape history; (3) assaultive behavior with the intent to cause death or serious bodily injury; (4) injury to staff and/or inmates; (5) engaging in facility disturbance(s); (6) recorded history of exerting negative influence in facility activities; (7) Security Threat Group (STG) member or other unauthorized organization(s); (8) Perpetuated crimi…
discussed Cited as authority (rule) Oliver v. Powell
E.D. Va. · 2002 · confidence medium
See also Bryant v. Lee, 993 F.2d 1535 , 1993 WL 188302 (4th Cir.1993) (unpublished) (two week delay in receiving legal mail caused missed deadlines and lost settlement opportunity); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987).
cited Cited as authority (rule) McCormick, Donald v. City of Chicago
7th Cir. · 2000 · confidence medium
See Wilson v. Civil Town of Clayton, Ind., 839 F.2d 375, 378 (7th Cir. 1988); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987); Caldwell v. Miller, 790 F.2d 589, 595 (7th Cir. 1986).
cited Cited as authority (rule) Donald McCormick v. City of Chicago
7th Cir. · 2000 · confidence medium
See Wilson v. Civil Town of Clayton, Ind., 839 F.2d 375, 378 (7th Cir.1988); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987); Caldwell v. Miller, 790 F.2d 589, 595 (7th Cir.1986).
cited Cited as authority (rule) William K. Zimmerman v. Margarita Tribble, Craig Hanks and Edward L. Cohn
7th Cir. · 2000 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 609 (7th Cir.1987).
cited Cited as authority (rule) Zimmerman, William K v. Tribble, Margarita
7th Cir. · 2000 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 609 (7th Cir. 1987).
discussed Cited as authority (rule) John Stephen Rowe and Dr. Jeffrey L. Lant v. Michele Shake, Greg Hulse, Craig Hanks
7th Cir. · 1999 · confidence medium
Accepting these allegations as true, Mr. Rowe’s allegations resemble those we defined as legally insufficient to state a First Amendment claim in Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987).
discussed Cited as authority (rule) Thomas v. Leslie
10th Cir. · 1999 · confidence medium
See, e.g. , Van Cleave v. United States , 854 F.2d 82, 84 (5th Cir. 1988) (plaintiff stated claim for relief where complaint alleged his request for newspaper denied); Green v. Ferrell , 801 F.2d 765, 772 (5th Cir. 1986) (jail’s prohibition on newspapers violates First Amendment); Mann v. Smith , 796 F.2d 79, 82 (5th Cir. 1986) (ban on newspapers and magazines represents exaggerated response to legitimate need to preserve discipline and maintain security); Sizemore v. Williford , 829 F.2d 608, 610 (7th Cir. 1987) (absent restrictions based on legitimate goals of confinement, prison inmates r…
discussed Cited as authority (rule) Lokmar Y. Abdul-Wadood v. Sergeant Lee
7th Cir. · 1996 · confidence medium
Their reasons, however, concern a defense on the merits and have nothing to do with immediate and irreparable harm suffered by plaintiff. 5 Abdul-Wadood relies heavily on Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir.1987).
cited Cited as authority (rule) Tony Chaney v. Steven Kuske
7th Cir. · 1995 · confidence medium
See Turner v. Safley, 482 U.S. 78, 91-93 (1987); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987).
cited Cited as authority (rule) Donald Nobles, A.K.A. Jamal Asad Sharif v. Linda Hoffman
7th Cir. · 1993 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 610-11 (7th Cir.1987). 6 The main contention Nobles presses on appeal focuses on the return of photographs for gang-related reasons.
cited Cited as authority (rule) Larry George v. Thomas Donovan, and Gary McCaughtry
7th Cir. · 1992 · confidence medium
Martin v. Tyson, 845 F.2d 1451, 1454 (7th Cir. 1988); Sizemore v. Williford, 829 F.2d 608, 610 (7th Cir. 1987).
discussed Cited as authority (rule) Joseph M. Arbing v. Josephine Brown and J. Ronald Haws
7th Cir. · 1992 · confidence medium
Sizemore v. Williford, 829 F.2d 608, 610-11 (7th Cir.1987); Bruscino v. Carlson, 654 F.Supp. 609, 618 (S.D.Ill.1987), aff'd 854 F.2d 162 (7th Cir.1988); cert. denied --- U.S. ----, --- S.Ct. ----, WL 66021 (1989).
Retrieving the full opinion text from the archive…
Michael D. SIZEMORE, Plaintiff-Appellant,
v.
Jerry WILLIFORD, Et Al., Defendants-Appellees
85-3243.
Court of Appeals for the Seventh Circuit.
Sep 14, 1987.
829 F.2d 608
1987 U.S. App. LEXIS 13240
Robert E. Shapiro, Barack, Ferrazzano, Kirschbaum & Perman, Chicago, Ill., for plaintiff-appellant., Laura J. Jones, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for defendants-appellees.
Cudahy, Manion, Wood.
Cited by 97 opinions  |  Published
HARLINGTON WOOD, Jr., Circuit Judge.

Plaintiff-appellant, Michael Sizemore, appeals from the district court’s dismissal of his suit against various officials and officers at the federal prison in Marion, Illinois. Sizemore, an inmate at Marion, alleges that defendants violated his First and Fourteenth Amendment rights by arbitrarily denying him access to certain published materials. We reverse and remand for further proceedings.

I.

While incarcerated at Marion, Sizemore has subscribed to a variety of publications, including sports and entertainment periodicals and at least one daily newspaper. Sizemore receives some of these publications directly at Marion and others are forwarded to him by his brother. Sizemore alleges that, as early as 1984, defendants commenced their interference with his regular and timely receipt of the above-described periodicals. Specifically, defendants are charged with consistently delivering Sizemore’s copies of the Cincinnati Enquirer days late, in groups of three or more and seldom in sequential order. At other times, Sizemore alleges that he receives only two or three copies of the Enquirer per week and often receives no newspaper at all. A similar pattern of interference with Sizemore’s receipt of magazines, whether obtained directly from the publisher or in packages forwarded by his family, is alleged. Sizemore’s complaint charges corrections officers with withholding his publications for their own perusal. At any rate, despite several verbal and written complaints to Marion employees concerning these incidents, including a written request for administrative action to Marion’s warden, the sporadic and interrupted delivery of Sizemore’s newspapers and other reading materials continued unabated.

Rather than continue pursuing administrative redress, Sizemore filed a pro se complaint in the district court which the court, in turn, assigned to a magistrate. The magistrate initially denied Sizemore’s request for the appointment of counsel and subsequently granted defendants’ motion to dismiss. In his two-page report and recommendation, the magistrate construed Sizemore’s suit as one for a tortious deprivation of property for which an adequate post-deprivation remedy existed and, accordingly, under Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), concluded that Sizemore’s allegations failed to state a due process violation. In timely objecting to the magistrate’s report, Sizemore claimed, inter alia, that the magistrate “failed to consider the allegations in [his] ... complaint” and that Parratt involved negligent deprivations of property not intentional deprivations as were alleged by his cause of action. The district court addressed what it felt was Sizemore’s “main objection” to the magistrate’s report, that Parratt did not speak to intentional torts, by reference to Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984) (due process afforded by state post-deprivation remedies even in case of intentional tort), and then similarly concluded that Sizemore’s claim did not constitute a due process violation. The magistrate’s report was adopted on December 13, 1985 and the case dismissed.

II.

On appeal, Sizemore, now represented by appointed counsel, claims that the district court erred in failing to construe his complaint as alleging substantive constitutional violations. Specifically, Size-more asserts that if liberally construed in accordance with the Supreme Court’s decision in Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972) (per cu[*610] riam), his pro se complaint set forth sufficient facts to state a claim under the First and Fourteenth Amendments and, therefore, dismissal of his suit upon a motion to dismiss was improper. In Haines, the Supreme Court held that pro se complaints should be held to less stringent standards than pleadings drafted by lawyers. That pro se complaints are generally to be liberally construed has been and continues to be the well-settled law of this circuit. See Caldwell v. Miller, 790 F.2d 589, 595-96 (7th Cir.1986). Thus, our primary inquiry in this case centers on the question whether the district court erred by narrowly considering Sizemore’s complaint as nothing more than a procedural due process claim instead of also as a claim alleging substantive violations of the First and Fourteenth Amendments.

In attempting to determine whether the district court acted prematurely in dismissing Sizemore’s suit for failure to state a claim, we must first consider whether Sizemore’s allegations, in fact, implicate any of his constitutional rights. With respect to the First Amendment rights of prisoners, the Supreme Court has held, “[a] prison inmate retains those First Amendment rights that are not inconsistent with his status as a prisoner or with the legitimate penological objectives of the corrections system.” Pell v. Procunier, 417 U.S. 817, 822, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974). Moreover, this circuit has held that in the absence of restrictions premised upon the legitimate goals and objectives of institutional confinement, prison inmates retain their First Amendment right to receive and to read newspapers and periodicals. See Kincaid v. Rush, 670 F.2d 737, 744-45 (7th Cir.1982). When viewed in this context, we are satisfied that, for purposes of overcoming a motion to dismiss for failure to state a claim, Sizemore’s complaint, to the extent that he alleges that copies of his Cincinnati Enquirer were permanently withheld and intentionally never delivered by defendants, does implicate his substantive rights as guaranteed by the First Amendment. We are not here dealing with allegations that prison officials negligently misplaced a hobby kit, see, e.g., Parratt, or wrongfully confiscated a copy of War and Peace; instead, Sizemore’s complaint alleges that his right to receive news and information from a privately obtained source has been seriously abridged without corresponding justification by defendants. [1]

In holding as we do, we want to emphasize that merely alleging an isolated delay or some other relatively short-term, non content-based disruption in the delivery of inmate reading materials will not support, even as against a motion to dismiss, a cause of action grounded upon the First Amendment. Defendants caution in their brief that if the district court’s dismissal of Sizemore’s complaint is reversed, courts will be inundated with prisoner suits each time a newspaper or magazine addressed to an inmate is interfered with prior to delivery. While we are fully cognizant of the danger that prisoners will increasingly look to this and other federal courts to act as prison postmasters general, we cannot simply disregard Sizemore’s allegations, the truth of which must be presumed, which charge that defendants repeatedly and intentionally withheld otherwise unobjectionable reading material from ever reaching him. Allegations of a continuing pattern of disregard for a prisoner’s First Amendment right to read and to receive all but the most inflammatory and provocative publications (in addition to publications withheld as punishment after due process) are substantially, and we think constitutionally, different from lawsuits alleging First Amendment violations on the basis of isolated instances of loss or theft of an inmate’s reading materials. In the event that future prisoner suits attempt to ex[*611] ploit our narrow holding in this case, district courts possess in their procedural arsenals both the ability to dismiss lawsuits and to grant summary judgment against those whose allegations do not, upon inspection, rise to the level of constitutional magnitude articulated here as well as the authority to direct plaintiffs with constitutionally insignificant suits to proceed instead under the Federal Tort Claims Act, 28 U.S.C. § 1346.

In attempting to support the decision below, defendants assert that the district court’s dismissal of Sizemore’s suit was appropriate on three grounds: (i) the Federal Tort Claims Act provides an adequate remedy for the loss of an inmate’s property; (ii) delays in the delivery of prison mail do not give rise to a constitutional violation; and (iii) Sizemore’s failure to specifically raise his constitutional arguments before the district court renders such claims waived on appeal. Taking these arguments in reverse order, the claim that Size-more failed to properly raise a First Amendment claim in the district court is not only disingenuous but it begs the very question presently before this court. Size-more’s pro se status and the substantially straightforward (if not perfectly pleaded) nature of his allegations should not now preclude his pressing a First Amendment argument on appeal, especially as it was the district court’s narrow interpretation of the complaint that resulted in its being viewed initially as something other than a substantive constitutional claim.

Defendants next argue that even if Sizemore’s allegations of delay in the delivery of his reading materials are accepted as true, such delays simply do not rise to the level of a constitutional violation. As we stated previously, were Sizemore alleging no more than persistent delays in the receipt of or the occasional loss or theft of his subscriptions, the context of his confinement would excuse such relatively short-term subscription interruptions. However, the allegation that upon repeated occasions copies of the Cincinnati Enquirer were intentionally never delivered to Sizemore does, absent any security-related or other legitimate justification, state a claim under the First Amendment. [2] See Pell v. Procunier, 417 U.S. at 822, 94 S.Ct. at 2804; Kincaid, 670 F.2d at 744-45.

Finally, defendants argue that the existence of an adequate post-deprivation remedy for the loss or destruction of Size-more’s reading materials — i.e., the Federal Tort Claims Act — precludes Sizemore from seeking judicial redress. While we express no opinion on the district court’s holding that the Supreme Court’s decisions in Parrott v. Taylor and Hudson v. Palmer would otherwise have been dispositive of Sizemore’s claim that he had been deprived of his property without due process, nothing in either decision precludes claims predicated on conduct giving rise to a deprivation of property which conduct also implicates other constitutional rights. As this court stated in Wolf-Lillie v. Sonquist, 699 F.2d 864 (7th Cir.1983), “Parratt is thus not applicable to instances where the substantive guarantees of the Constitution are alleged to be violated, as opposed to alleged violations of procedural due process.” Id. at 872. Thus, despite the government’s contrary assertions, the separate and independent existence of Sizemore’s First Amendment claim is in no way affected, let alone precluded, by the availability of alternate procedural remedies fully adequate to afford Sizemore due process of law for a deprivation of personal property.

III.

In conclusion, we hold that Sizemore’s pro se complaint, liberally construed, alleg[*612] es facts sufficient to state a claim under the First Amendment. Accordingly, we remand the case for further proceedings including leave to Sizemore to amend his original complaint prior to any further proceedings. [3] Of course, we express no views on the merits of the underlying dispute. The decision of the district court is

Reversed and Remanded.

1

. We need not, at this stage of the proceedings, accept the government’s invitation to address the actual liability with which each defendant is charged inasmuch as Sizemore appeals only from the dismissal of his lawsuit for failure to state a cognizable constitutional claim. Evaluation of the culpability of the various defendants is most appropriately conducted in response to specific motions to dismiss or upon a motion for summary judgment as to a particular defendant.

2

. At oral argument, the court inquired of counsel for the government what sort of “interruption" of Sizemore’s reading materials would it take to give rise to a First Amendment claim. The government’s position was that no delay in the receipt of such materials could constitute a First Amendment violation but that if Size-more’s subscriptions were entirely cut off he would be able to state a claim under the First Amendment. Sizemore’s complaint, despite the government’s repeated assertions to the contrary, contains an allegation that from time to time, as well as for extended periods of time, he never received his subscription to the Cincinnati Enquirer.

3

. The district court dismissed Sizemore’s complaint without reference to an equal protection claim and thus we need not reach the issue on this appeal. Amendment by Sizemore of his complaint, as provided for above, should put squarely before the district court the issues to be resolved upon remand.