Brittain v. Beard

Full title: SHANNON BRITTAIN, Respondent v. JEFFREY A. BEARD, Ph.D., SECRETARY OF THE…

Court: Supreme Court of Pennsylvania, Middle District

Date published: Jul 25, 2008

No. 172 MM 2007 (Pa. Jul. 25, 2008)

Opinion

No. 172 MM 2007.

July 25, 2008.

Petition for Review.

ORDER

PER CURIAM.

AND NOW, this 25^th day of July, 2008, the Petition for Review is GRANTED and an appeal in this matter is permitted. The parties are directed to brief the following issue, which has been rephrased for clarity:

Whether the Commonwealth Court erred in denying Petitioner summary relief on the basis that Petitioner failed to show that Policy No. DC-ADM 803-1 was reasonably related to legitimate penological interests. See Overton v. Bazzetta, 539 U.S. 126, 132 (2003) ("The burden . . . is not on the State to prove the validity of prison regulations but on the prisoner to disprove it.")

This matter shall be submitted on briefs. The Prothonotary shall establish a briefing schedule.