Visiting.

• Position: Brief Article

U.S. Appeals Court

ATTORNEY

Benjamin v. Fraser 264 F.3d 175 (2nd Cir. 2001). A city corrections department moved for immediate termination of consent decrees requiring judicial supervision over restrictive housing, inmate correspondence, and law libraries at city jails, pursuant to the Prison Litigation Reform Act (PLRA). The district court vacated the decrees and pretrial detainees appealed. The appeals court affirmed in part, reversed in part, and remanded. On remand the district court granted the motion in part and denied it in part and the city appealed. The appeals affirmed. The appeals court held that the detainees were not required to show actual injury when they challenged regulations which allegedly adversely affected their Sixth Amendment right to counsel by impeding attorney visitation. The appeals court concluded that there was a continuing need for prospective relief with respect to the detainees' right to counsel, and the relief granted by the district court satisfied the requirements of PLRA. The court found that detainee s were experiencing unjustified delays during attorney visitation. The district court required procedures to be established to ensure that attorney visits commenced within a specified time period following arrival at the jail, and the city was instructed to ensure the availability of an adequate number of visiting rooms that provide the requisite degree of privacy. (New York City Department of Correction)

U.S. District Court

FAMILY

Berdine v. Sullivan 161 F.Supp.2d 972 (E.D.Wis. 2001). A state prisoner brought a [section] 1983 action alleging that his transfer to an out-of-state correctional facility violated his due process rights and constituted cruel and unusual punishment in violation of the Eighth Amendment. The court held that the prisoner has no liberty interest in avoiding transfer to another prison, be it out-of-state, more restrictive, or owned and...