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BAZZETTA v. McGINNIS

No. 04-1823.

423 F.3d 557 (2005)

Michelle BAZZETTA, et al., Plaintiffs-Appellees, v. Kenneth McGINNIS, Director of Michigan Department of Corrections; Michigan Department of Corrections, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 13, 2005.

Attorney(s) appearing for the Case

ARGUED: Lisa C. Ward, Office of the Attorney General, Lansing, Michigan, for Appellants. Deborah A. LaBelle, Law Offices of Deborah LaBelle, Ann Arbor, Michigan, for Appellees. ON BRIEF: Lisa C. Ward, Leo H. Friedman, Office of the Attorney General, Lansing, Michigan, for Appellants. Deborah A. LaBelle, Patricia A. Streeter, Law Offices of Deborah LaBelle, Ann Arbor, Michigan, Michael J. Barnhart, Detroit, Michigan, for Appellees.

Before: CLAY and SUTTON, Circuit Judges; OBERDORFER, District Judge.

OBERDORFER, District Judge.

This case marks another chapter in a ten-year controversy between incarcerated felons, their visitors, and the Michigan Department of Corrections ("MDOC"). In 1995, MDOC issued regulations affecting prisoners' visitation privileges, including a permanent ban on virtually all visitation for prisoners found guilty of two or more substance abuse violations. After a bench trial, the district court ruled that MDOC's visitation limitations, including...

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