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moniss

(8,071 posts)
7. Although a prison may restrict
Fri Aug 15, 2025, 03:55 PM
Aug 15

an inmates 1st Amendment rights it can only be for reasonable things specifically related to the operation of the facility such as security and order. Turner v Safley (1987) is a typical court case on this. The woman who was moved would have a good case, unless she had other disciplinary actions previously, that this action to move her to another facility is not "reasonable and related to legitimate penological interests" as envisioned in the court cases.

This gets the Bureau of Prisons even deeper into the weeds of impropriety along with the transfer of Maxwell in the first place. If you are an attorney for an inmate who has been denied a reasonable request for transfer you can readily file for violation of Equal Protection rights. MAGA judges may decide against in those cases but it doesn't mean it is not a legitimate claim and that the violation as a matter of fact has not taken place. A rejection of the claim by a court would simply be a middle finger from the court indicating they are unwilling to do anything about the violation. So it is with the law. A court/jury can find innocence/guilt /liability/no liability but it doesn't mean that the act/situation in question did/didn't happen as a matter of reality.

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