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BAZZETTA v. OVERTON

United States Supreme Court No. 02-94

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QUESTION 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.

ORAL ARGUMENT DATE: March 26, 2003

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INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

Argument

I. The First Amendment freedom of association does not protect family visitation

II. There is no substantive due process right to family association in prison

A. The problematic doctrine

continuation of Part II.

B. A privilege, not a right

III. Withdrawal of prisoners' visitation privileges for twice violating prison substance abuse policies does not violate the Eighth Amendment

Conclusion