Can A Prisoner Be Denied Exercise and Visitation?
Full Question:
Answer:
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the incarcerated person. It is found in the Eighth Amendment to the U.S. Constitution and is applicable to states.
Prisoners do not have a constitutional right to have contact visits, as opposed to speaking with visitors over a telephone (Block v. Rutherford, 468 U.S. 576, 104 S. Ct. 3227, 82 L. Ed. 2d 438 [1984]). Courts have held that restrictions on visitation must be reasonable and related only to security needs and good order. Prisoners do not have a right to engage in sexual relations with a visitor.
The issue of the right of a prisoner to communicate and see visitors becomes more important if the proposed visitor is a news reporter or attorney. Prisoners have a stronger right to consult with counsel than family or friends. Federal courts have held that a genuine need for security must be given greater weight than access to the media. Although inmates have a First Amendment right to communicate with the media, this right can be satisfied through the mail.
The standard applied in testing the constitutionality of a prison rule is whether the regulation bears a "rational relationship to legitimate penological interests." Therefore, as long as the prison can support the rule with a reason that makes sense, such as security concerns, it will generally be upheld.
In the cases involving a right to exercise, each situation is judged on the facts in the individual case, such as whether alternatives were available, such as the ability to exercise in the cell, and the security needs involved.
To succeed in a claim for adequate medical care, a prisoner needs to prove the staff showed deliberate indifference to serious medical needs. It will be a matter of subjective determination for the court based on all of the factors involved. Typically, a worsening of a condition leading to hospitalization is involved. Medical records and testimony of medical professionals are central to the proof of the claim.
Please see the following for further discussion:
http://bulk.resource.org/courts.gov/c/F3/5/5.F3d.534.92-36647.html
http://findarticles.com/p/articles/mi_hb6399/is_2_66/ai_n29090025/
http://www.aele.org/law/Digests/jail36.html
http://www.aele.org/law/Digests/jail151.html
http://www.aele.org/law/Digests/jail110.html