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Prisons & Jails – Constitutional – Free Association – Fiancée’s Visits – Civil Rights – Right to Marry
By: S.C. Lawyers Weekly staff//March 1, 2019
Prisons & Jails – Constitutional – Free Association – Fiancée’s Visits – Civil Rights – Right to Marry
By: S.C. Lawyers Weekly staff//March 1, 2019
The plaintiff-prisoner contends that, by arbitrarily and capriciously denying his fiancée visiting privileges and by failing to investigate whether his fiancée was a security threat, defendants violated his right to free association; however, an inmate has no absolute right to prison visitation privileges.
Although an inmate has a right to marry, it does not appear that plaintiff or his fiancée informed defendants that their denial of her visitation request would prevent their marriage. Plaintiff also fails to identify what action should have been taken to allow him to marry his fiancée or how approval of her request for visitation would allow them to marry. Accordingly, plaintiff lacks standing to bring a claim for violation of his right to marry.
The court adopts the magistrate judge’s report and grants summary judgment for defendants.
Griffin v. Masico (Lawyers Weekly No. 02-011-19, 4 pp.) (Donald Coggins, J.) 0:17-cv-02852. Donald Griffin, pro se; Mark Buyck for defendants. D.S.C.
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