Legal Opinion · Dissent

Bessinger v. Department of Corrections

Michigan Court of Appeals

Decided May 8, 1985No. Docket No. 77492Published

1DissentT. M. Burns, J.

While recognizing that the Department of Corrections has a great deal of discretion in this matter, Kelly v Liquor Control Comm, 131 Mich App 600, 603; 345 NW2d 697 (1983), I feel that the department abused that discretion by permanently banning Marcellia Lawson from visiting prisoners because she tried to smuggle currency to appellee, Willie Bessinger, an inmate in a state correctional facility. Considering the facts of this case, I believe that a permanent ban is arbitrary and capricious. I agree with the circuit court that the restriction on Ms. Lawson’s visitation rights should not exceed…

2Cases cited1 opinion

  1. Kelly v. Liquor Control CommissionMichigan Court of Appeals · 1983

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