OVERTON v. BAZZETTA

Legal Principle at Issue

At issue are a series of rules promulgated by the Michigan Department of Corrections governing visits to prisoners by outsiders. Visits by prisoners' minor brothers, sisters, nieces and nephews were banned, as were visits by former inmates and others. And if an inmate violated the department's drug-abuse policies twice, all visitors were banned except for lawyers and clergy. Michelle Bazzetta and other inmates challenged the regulations as a violation of their due-process rights, the First Amendment right of association and of other privacy-related rights to maintain family relationships.

Action

Reversed. Petitioning party received a favorable disposition.

Facts/Syllabus

Michigan’s prison population grew in the early 1990s, straining resources and making visitation harder to supervise, especially with increased risks of contraband and concerns about children’s exposure to harmful behavior. At the same time, substance abuse among inmates rose, threatening prison order, safety, and rehabilitation efforts. In response, the Michigan Department of Corrections revised its visitation policies in 1995 to limit the number and type of visitors inmates could receive. The rules required inmates to create approved visitor lists, restricted minors’ eligibility, and imposed conditions on visits from former prisoners and children. Inmates with repeated substance-abuse violations could lose visitation privileges entirely, except for visits from attorneys and clergy, with possible reinstatement after two years. 

Prisoners and their families challenged these rules, claiming violations of their First, Eighth, and Fourteenth Amendment rights. Lower courts agreed with the prisoners and struck down restrictions on noncontact visitation.