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808 F.2d 1427

Docket No. 86-7017

Leslie Evans v. W.E. Johnson, Warden

Eleventh Circuit Court of Appeals

Decided February 2, 1987

Eleventh Circuit Court of Appeals · decided 1987-02-02

<p>Non-Argument Calendar.</p>

2 counsel of record

Key passage — most relied on by later courts

“[a] convicted prisoner has no absolute constitutional right to visitation, such privilege being subject to the discretion of prison authorities, provided the visitation policies of the prison meet legitimate penological objectives.”

quoted by 1 later decision, including 737 So. 2d 1174 - Cassady v. Moore

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Starnes v. Penrod Drilling Co. · McCray v. Sullivan · Jay Lynott v. J. D. Henderson, Warden, Etc.

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1987-02-02

How this case has been cited

Cited by 16 later decisions — most recently February 2010

5 federal appellate · 3 district · 1 state decisions

801987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Non-Argument Calendar.

United States Court of Appeals,
Eleventh Circuit.

Feb. 2, 1987.

Leslie Evans, pro se.

Thomas R. Allison, Montgomery, Ala., for Johnson.

Appeal from the United States District Court for the Southern District of Alabama.

Before RONEY, Chief Judge, HILL and KRAVITCH, Circuit Judges.

PER CURIAM:

¶1

Leslie Evans filed this 42 U.S.C.A. Sec. 1983 civil rights complaint against his prison warden, alleging his constitutional rights were violated when prison officials would not allow his family to visit him on June 26, 1984. Based on the applicable law and the facts found by the district court, set forth in the magistrate's report after an evidentiary hearing, which findings are not clearly erroneous, judgment was properly entered against plaintiff.

¶2

A convicted prisoner has no absolute constitutional right to visitation, such privilege being subject to the discretion of prison authorities, provided the visitation policies of the prison meet legitimate penological objectives. Lynott v. Henderson, 610 F.2d 340, 342 (5th Cir.1980); McCray v. Sullivan, 509 F.2d 1332, 1334 (5th Cir.), cert. denied, 423 U.S. 859, 96 S.Ct. 114, 46 L.Ed.2d 86 (1975).

¶3

The facts in this case clearly meet that standard.

¶4

AFFIRMED.

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