Case Status

4 results

OVERTON, DIR., MI DOC v. BAZZETTA, MICHELLE, ET AL. (34789)

    Order dated: 12/02/02
    Docket number: 02-94
    Action:
        The petition for a writ of certiorari is granted limited to the following Questions: 1. Whether prisoners have a right to non-contact visitation protected by the First and Fourteenth Amendments. 2. Whether the restrictions on non-contact prison visitation imposed by the Michigan Department of Corrections are reasonably related to legitimate penological interests. 3. Whether the restrictions on non-contact prison visitation imposed by the Michigan Department of Corrections constitute cruel and unusual punishment in violation of the Eighth Amendment.

OVERTON, DIR., MI DOC v. BAZZETTA, MICHELLE, ET AL. (34789)

    Order dated: 03/10/03
    Docket number: 02-94
    Action:
        The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

OVERTON, DIR., MI DOC v. BAZZETTA, MICHELLE, ET AL. (34789)

    Order dated: 08/25/03
    Docket number: 02-94
    Action:
        The petitions for rehearing are denied.

OVERTON, DIR., MI DOC v. BAZZETTA, MICHELLE, ET AL. (34789)

    Order dated: 11/03/03
    Docket number: 02-94
    Action:
        The motion of respondents to retax costs is denied.

A description of the questions presented by the case has been prepared:

In 1995, the Michigan Department of Corrections revised its prison visitation policy to: (1) prohibit visits by a minor child, unless the minor is the child, stepchild or grandchild of the prisoner; (2) prohibit visits by a prisoner's child when the prisoner's parental rights have been terminated; (3) require that all visiting minor children be accompanied by a parent or legal guardian; (4) prohibit visits by former inmates unless the former inmate is in the prisoner's immediate family; and (5) impose a ban on visitation for a minimum of two years for any inmate found guilty of two or more major misconduct's for substance abuse. Do these restrictions, as set forth above, (a) violate a right of intimate association under the First Amendment as retained by a incarcerated felon or (b) constitute cruel and unusual punishment in violation of the Eighth Amendment?

An opinion has been handed down: