West v. Paige

Order on Motions to Dismiss

HORNBY, District Judge.

The issue here is whether a family member has the right to challenge on First Amendment grounds the conditions of probation imposed on a convicted relative. I conclude that she does not.

The plaintiff, Angela M. West, maintains a consensual relationship with David Perfect. Perfect has been convicted of gross sexual misconduct, has spent about four years in prison and has been on probation. One of the conditions of his probation is that he attend a counseling program known as BETA. A condition of Perfect’s contract with BETA is that he not be in…