Legal Opinion

Brittain v. Beard

Supreme Court of Pennsylvania

Decided July 20, 2009No. 55 MAP 2008PublishedCited by 29 opinions

1Opinion of the Court

OPINION

Justice BAER.

This is an interlocutory appeal by permission from an order of the Commonwealth Court, which denied cross-motions for summary relief filed by the Pennsylvania Department of Corrections (“the Department”) and Shannon Brittain (“Brittain”), an inmate of the Pennsylvania penal system. 1 Our inquiry is limited to determining whether the Commonwealth Court erred by denying the Department’s motion for summary relief on the basis that it failed to justify sufficiently its adoption of administrative directive 803-1 (“DC-ADM 803-1”), which prohibits inmates from possessing…

2Cases cited11 opinions

  1. Turner v. SafleySupreme Court of the United States · 1987
  2. Procunier v. MartinezSupreme Court of the United States · 1974
  3. Jones v. North Carolina Prisoners' Labor Union, Inc.Supreme Court of the United States · 1977
  4. Overton v. BazzettaSupreme Court of the United States · 2003
  5. Beard v. BanksSupreme Court of the United States · 2006

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3Cited by29 opinions

  1. Shore v. Pennsylvania Department of CorrectionsCommonwealth Court of Pennsylvania · 2017
  2. Hospital & Healthsystem Ass'n v. CommonwealthSupreme Court of Pennsylvania · 2013
  3. Key v. Pa. Dep't of Corr.Commonwealth Court of Pennsylvania · 2018
  4. Pennsylvania Medical Society v. Department of Public WelfareSupreme Court of Pennsylvania · 2012
  5. Scarnati, J.,et al, Aplts. v. Wolf, T.Supreme Court of Pennsylvania · 2017

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