Summary
holding that there is no constitutional right to prison visitation privileges giving rise to procedural due process protections
Summary of this case from Fletcher v. DykesOpinion
No. 77-2400.
Argued November 15, 1978.
Decided December 18, 1978.
Mary S. Elcano, Legal Aid Bureau, Inc., Baltimore, Md. (Richard G. Fishman, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellants.
Henry J. Frankel, Asst. Atty. Gen. (Francis B. Burch, Atty. Gen. of Maryland, Baltimore, Md., on brief), for appellee.
Appeal from the United States District Court for the District of Maryland.
Plaintiffs instituted a class action under 42 U.S.C. § 1983 for injunctive relief and damages alleging the invalidity of suspension of a prisoner's future visiting rights for a limited period of time when he is found in possession of contraband (drugs, money or other prohibited articles) immediately following a visit. It was contended that prisoners and members of their family and designated friends have a first amendment right of visitation which was unduly limited since punishment for smuggling and receiving contraband and prevention of future smuggling could be accomplished by less drastic means. Additionally, those of the plaintiffs who wish to visit prisoners assert that they have a right to a hearing which was denied them before their rights of visitation may be restricted.
In a thorough and carefully considered opinion, the district court granted summary judgment to defendant, the superintendent of the correctional institution. We think its decision correct and we affirm on its memorandum opinion.
AFFIRMED.