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Overton v. Bazzetta March 26, 2003 (02-94) return to case listing Case Summary In 1995, the Michigan Department of Corrections issued new regulations to respond to the increase in prison visitors. These regulations limited prisoners' visitation rights. That same year, a class of prisoners brought suit and challenged the new regulations claiming that they violated the First, Eighth, and Fourteenth Amendment rights. The district court found that the regulations limiting visits infringed upon prisoners' First Amendment right of association and were not reasonably related to a legitimate penological objective. The court also held that the regulations constituted cruel and unusual punishment under the Eighth Amendment and were imposed in a such a way that violated prisoners' Fourteenth Amendment due process rights. On appeal, the United States Court of Appeals for the Sixth Circuit affirmed and held that prisoners maintain a limited right to freedom of association that entitles them to non contact visits with intimate associates while incarcerated. The opinion of the Sixth Circuit is found at 286 F.3d 311. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 6-3 to Affirm 5-4 to Reverse 6-3 to Reverse 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Scalia Thomas Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Souter Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Stevens O'Connor Kennedy Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Stevens Ginsburg Breyer   return to case listing