LEE HAMILTON, ET AL., PLAINTIFFS, CHARLES WOODROW SMITH, JR., AND MARIAN GAIL MATHEWS, PLAINTIFFS-APPELLANTS,
v.
GRIFFIN B. BELL, ATTORNEY GENERAL OF THE UNITED STATES, ET AL., DEFENDANTS-APPELLEES

5th Cir. | 1977-05-09
No. 76-2311
Before BROWN, Chief Judge, and COLEMAN and TJOFLAT, Circuit Judges.
551 F.2d 1056 Court of Appeals for the Fifth Circuit (1977) Positive Treatment
Cited by 2 cases

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Holding

The court affirmed the district court's denial of injunctive and declaratory relief, finding the prison visitation regulations constitutional.


Facts & Procedural History

Federal prisoners challenged Bureau of Prisons regulations on visitation rights, alleging they were unconstitutionally vague, overbroad, and created u…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This appeal is taken from an order of the District Court denying injunctive and declaratory relief to a class of federal prisoners incarcerated at the Atlanta penitentiary. The prisoners filed a complaint against the United States Attorney General and various officials of the Bureau of Prisons claiming certain portions of the Bureau’s regulation pertaining to visitation rights are unconstitutionally vague and overbroad. They further alleged that the regulations created unreasonable classifications of those who are, and who are not, eligible to visit prisoners.1 In denying the relief, the District Court held that the regulations did not unduly interfere with the prisoners’ constitutional rights considering the legitimate interest prison officials have in rehabilitation of the prisoners and maintenance of institutional security. We affirm.

The facts of this case are adequately set forth in the District Court’s opinion. Further, the opinion ably treats all aspects of the case, and in our opinion, correctly decided all issues. We therefore affirm on the basis of the District Court’s reported decision. Hamilton v. Saxbe, 428 F.Supp. 1101 (N.D.Ga.1976).

AFFIRMED.

. Jurisdiction was invoked pursuant to 28 U.S. C.A. §§ 1346, 1361, 2201, 2202 and pursuant to portions of the Administrative Procedure Act, 5 U.S.C.A. §§ 702-704. The District Court determined it had jurisdiction to hear the action under 28 U.S.C.A. § 1361.


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