Can a prison adopt regulations which infringe on an inmate's constitutional rights?

MultiRegion, United States of America

The following excerpt is from O'Keefe v. Van Boening, 1996 WL 207831, 82 F.3d 322 (9th Cir. 1996):

A prison may adopt regulations which infringe on an inmate's constitutional rights if those regulations are "reasonably related to legitimate penological interests." Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 2261, 96 L.Ed.2d 64 (1987). There are four factors to consider when determining the reasonableness of a prison regulation: (1) whether there is a "valid, rational connection between the prison regulation and the legitimate governmental interest put forward to justify it"; (2) "whether there are alternative means of exercising the right that remain open to prison inmates"; (3) "the impact accommodation of the asserted constitutional right will have on guards and other inmates, and on the allocation of prison resources generally"; and (4) whether there exists an obvious, easy alternative to the regulation "that fully accommodates the prisoner's rights at de minimis cost to valid penological interests." Id. at 89-91, 107 S.Ct. at 2262-63 (internal quotations omitted).

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