Aliviado v. Kimoto

1 Citing case

  1. Cochran v. Ballard

    Case No. 2:17-cv-04312 (S.D.W. Va. Nov. 9, 2018)

    As in the Seventh Circuit, other lower courts have been skeptical of prison decisions that deny inmates the right to marry due to visitation concerns. See Aliviado v. Kimoto, No. CIV. 12-00259 SOM, 2012 WL 3202222, at *2-4 (D. Haw. Aug. 2, 2012.) (granting a preliminary injunction on the merits as allowing plaintiffs to get married would do nothing to increase the likelihood of security risks identified by the prison); see also Eads v. Tennessee, No. 1:18-CV-00042, 2018 WL 4283030, at *13 (M.D. Tenn. Sept. 7, 2018) (finding that where plaintiff's placement in the SHU would prevent him from marrying his fiancé indefinitely, the plaintiff stated a colorable due process right to marry claim sufficient to survive an initial screening and "the legitimacy and sufficiency of the cited security concerns must be tested by the adversarial process"); Zastrow v. Pollard, No. 11-C-371, 2013 WL 1288040, at *6 (E.D. Wis. Mar. 26, 2013) (denying motion for summary judgment where "it is impossible to determine whether the outright denial of [plaintiff's] marriage request was an exaggerated response by prison officials or a decision reasonably justified by legitimate penological concerns."); Post v. Mohr, No. 1:11 CV 1533, 2012 WL 76894, at *