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Unformatted text preview: SUPREME COURT OF THE UNITED STATES JEFFREY A. BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PETITIONER v. RONALD BANKS, individually and on behalf of all others similarly situated ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT [June 28, 2006] J USTICE B REYER announced the judgment of the Court and delivered an opinion, in which T HE C HIEF J USTICE , J USTICE K ENNEDY , and J USTICE S OUTER join. We here consider whether a Pennsylvania prison policy that denies newspapers, magazines, and photographs to a group of specially dangerous and recalcitrant inmates violate[s] the First Amendment . Brief for Petitioner i; see Turner v. Safley, 482 U. S. 78 , 89 (1987) (prison rules restricting a prisoners constitutional rights must be reasonably related to legitimate penological interests). The case arises on a motion for summary judgment. While we do not deny the constitutional importance of the interests in question, we find, on the basis of the record now before us, that prison officials have set forth adequate legal support for the policy. And the plaintiff, a prisoner who attacks the policy, has failed to set forth specific facts that, in light of the deference that courts must show to the prison officials, could warrant a determination in his favor. Fed. Rule Civ. Proc. 56(e); Overton v. Bazzetta, 539 U. S. 126 , 132 (2003) (need for substantial deference to the professional judgment of prison administrators). I A The prison regulation at issue applies to certain prisoners housed in Pennsylvanias Long Term Segregation Unit. The LTSU is the most restrictive of the three special units that Pennsylvania maintains for difficult prisoners. The first such unit, the Restricted Housing Unit, is designed for prisoners who are under disciplinary sanction or who are assigned to administrative segregation. App. 80. The second such unit, the Special Management Unit, is intended for prisoners who exhibit behavior that is continually disruptive, violent, dangerous or a threat to the orderly operation of their assigned facility. Ibid . The third such unit, the LTSU, is reserved for the Commonwealths most incorrigible, recalcitrant inmates. Id ., at 25....
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This note was uploaded on 11/15/2011 for the course CJ 471 taught by Professor Christophersmith during the Fall '10 term at Michigan State University.

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