In 1974, Robert O. McDonnell, an inmate at the Nebraska Penal and Correctional Complex, filed a class action lawsuit against Warden Charles Wolff Jr., charging, among other complaints, that the disciplinary proceedings hearings at the prison were biased and violated due process, that the inspection of all incoming and outbound mail (including mail to and from attorneys) was unreasonable, and that the legal assistance available to inmates was lacking.

The Eighth Circuit reversed the district court on the due process claim, affirmed the judgment regarding mail, and ordered hearings into the quality of legal assistance.

Robert Bork, in his capacity as Solicitor General of the United States, argued as amicus curiae, urging reversal of the judgment of the circuit court.

Nevertheless, the majority opinion also recognized that reasonable constraints were, given the nature of imprisonment, not restrictive, especially when pertaining to issues of due process: Prison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply.The Court went on to note that prisoners were entitled to written notice of violations, at least a day in advance of any hearing, and a written statement from the committee regarding the evidence used and the reasons for a disciplinary hearing.

Justice Marshall, joined by Brennan, agreed on the issues of mail inspection and legal assistance, but disagreed with the majority on the matter of due process.