Overton v. Bazzetta
A class of prisoners incarcerated by the Michigan Department of Corrections, and their prospective visitors, sued under 42 U.S.C. ยง 1983, claiming that restrictions on prison visitation violate their rights under the First, Eighth, and Fourteenth Amendments. In 1995, Michigan’s Department of Corrections issued new regulations limiting prison visitations. The regulations (1) banned visits from prisoners’ minor brothers, sisters, nieces and nephews; (2) banned all visits by prisoners’ children when parental rights had been terminated; (3) banned all visits by former prisoners who are not immediate family; (4) required that visiting children be accompanied by a parent or legal guardian, and (5) permanently banned visitors, apart from attorneys and clergy, for prisoners who twice violated the department’s drug abuse policies. The district court found for the prisoners and the court of appeals affirmed, finding that the department’s visitation regulations were not reasonably related to legitimate penological goals, and that the permanent ban on visits following two drug violations violates the First, Eighth, and Fourteenth Amendments to the constitution.
Questions Presented:
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.
