Legal Opinion
Marcera v. Chinlund
Court of Appeals for the Second Circuit
Decided February 27, 1979No. Nos. 359, 360, Dockets 78-2081, 78-2090PublishedCited by 94 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
Recent years have witnessed an explosion of litigation testing the rights of prisoners who have not been convicted of a crime but are merely held in custody to ensure their attendance at trial. A recurrent issue has been the extent to which these pretrial detainees must be permitted “contact visits,” and, since 1974, we have repeatedly held that due process forbids denying detainees the right “to shake hands with a friend, to kiss a wife, or to fondle a child,” Rhem v. Malcolm (“Rhem I”), 371 F.Supp. 594, 626 (S.D.N.Y.), aff’d, 507 F.2d 333 (2d Cir. 1974).…
2Cases cited35 opinions
- Gerstein v. PughSupreme Court of the United States · 1975
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Procunier v. MartinezSupreme Court of the United States · 1974
- Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
- Sosna v. IowaSupreme Court of the United States · 1975
30 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Block v. RutherfordSupreme Court of the United States · 1984
- Marvin Jones, on His Own Behalf and on Behalf of Those Similarly Situated v. Fred R. DiamondCourt of Appeals for the Fifth Circuit · 1981
- Marisol A. ex rel. Forbes v. GiulianiCourt of Appeals for the Second Circuit · 1997
- Kershner v. MazurkiewiczCourt of Appeals for the Third Circuit · 1982
89 more not listed; retrieve them via the Exa API.