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Overton v. Bazzetta

Docket No.: 02-94
Argued: March 26, 2003
Decided: June 16, 2003

Topics:

Association, Criminal Procedure, First Amendment, Miscellaneous, Cruel and Unusual Punishment, Due Process, EPA, Eighth Amendment, Equal Protection Clause, First Amendment, Fourteenth Amendment, preliminary injunction, privacy, public schools, racial discrimination

PartyNames: William Overton, Director, Michigan Department of Corrections, et al. v. Michelle Bazzetta, et al.
Petitioner: William Overton, Director, Michigan Department of Corrections, et al.
Respondent: Michelle Bazzetta, et al.

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: CA 6, 286 F.3d 311. QUESTION PRESENTED In 1995, the Michigan Department of Correc tions revised its prison visitation policyto: (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 theprisoner's parental rights have been termin ated; (3) require that all visiting minor children be accompanied by a parent or lega l 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 guiltyof two or more major misconducts for substance abuse.
Lower Court Decision
Supreme Court Docket

William Overton, Director, Michigan Department of Corrections, et al.
v.
Michelle Bazzetta, et al.
539 U.S. 126 (2003)
Consideration Limited:

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 penologicalinterests. 3. Whether the restrictions on non-contact prison visitation imposed by the Michigan Department of Corrections cons titute cruel and unusual punishment in violation of the Eighth Amendment.

Question:

Did the Department of Corrections ban on visits by minors violate the Due Process Clause of the Fourteenth Amendment, the Cruel and Unusual Punishment Clause of the Eighth Amendment and the freedom of association of the First Amendment?

Overton v. Bazzetta
ORAL ARGUMENT

March 26, 2003

Holding: reversed kennedy, j
Decision: Decision: 9 votes for Overton, 0 vote(s) against
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