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Overton Vs. Bazzetta
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- US Supreme Court
- Mar 26, 2003
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U.S. 126 (2003) October Term, 2002 Syllabus Overton, Director, Michigan Department of Corrections, Et Al. V. BazzettaSearch
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affecting a constitutional right that survives incarceration withstands constitutional challenge. See Turner v. SafleySearch
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of Michigan agreed with the prisoners that the regulations pertaining to noncontact visits were invalid. Bazzetta v. McGinnisSearch
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Roberts v. UnitedSearch
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association among members of an immediate family and association between grandchildren and grandparents. See Moore v. EastSearch
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be surrendered by the prisoner. An inmate does not retain rights inconsistent with proper incarceration. See Jones v. NorthSearch
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rational relation to legitimate penological interests. This suffices to sustain the regulation in question. See Turner v. SafleySearch
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U. S. 78 , 89 (1987). We have taken a similar approach in previous cases, such as Pell v. ProcunierSearch
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O'Lone v. EstateSearch
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prison discipline. This is not a dramatic departure from accepted standards for conditions of confinement. Cf. Sandin v. ConnerSearch
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the infliction of pain or injury, or deliberate indifference to the risk that it might occur. See, e. g., Estelle v. GambleSearch
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example, prisoners retain the constitutional right to petition the government for the redress of grievances, Johnson v. AverySearch
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are protected against invidious racial discrimination by the Equal Protection Clause of the Fourteenth Amendment, Lee v. WashingtonSearch
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and they enjoy the protections of due process, Wolff v. McDonnellSearch
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constitutional guarantee, federal courts will discharge their duty to protect constitutional rights.' Procunier v. MartinezSearch
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Ibid. It was in the groundbreaking decision in Morrissey v. BrewerSearch
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the view once held by some state courts that a prison inmate is a mere slave. See United States ex rel. Miller v. TwomeySearch
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of constitutional rights in this context, the Court has asked first whether the right survives incarceration, Pell v. ProcunierSearch
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Ante, at 132 (citing Turner v. SafleySearch
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it will punish violations of its law, and this Court awards great deference to such determinations. See, e. g., Payne v. TennesseeSearch
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see also Ewing v. CaliforniaSearch
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law question, federal courts should ordinarily abstain from passing on the federal issue. Railroad Comm'n of Tex. v. PullmanSearch
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Such access seems entirely inconsistent with Michigan's goal of segregating a criminal from society, see Morrissey v. BrewerSearch
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cf. Olim v. WakinekonaSearch
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against the backdrop of this conception of imprisonment. II In my view, for the reasons given in Hudson v. McMillianSearch
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Syllabus Overton, Director, Michigan Department of Corrections, Et Al. V. BazzettaSearch
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See Turner v. SafleySearch
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Bazzetta v. McGinnisSearch
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See Moore v. EastSearch
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See Jones v. NorthSearch
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Cf. Sandin v. ConnerSearch
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Johnson v. AverySearch
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the Equal Protection Clause of the Fourteenth Amendment, Lee v. WashingtonSearch
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Miller v. TwomeySearch
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