Easterling v. Thurmer

Dist. Ct. did not err in granting defendants-prison officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendants violated plaintiff’s due process rights and right to freedom of association by denying his requests for visits with his daughter in 2004 and 2013. While prison officials cannot permanently or arbitrarily deny inmates’ requests for visits with family members, where said denials are not reasonably related to legitimate penological interests, Dist. Ct. could properly dismiss as untimely plaintiff’s lawsuit challenging 2004 denial, where instant lawsuit was filed more than six years after said denial, and where notion of “continuing violation” did not apply, since said denial was concrete act that could have been redressed at time of denial. Also, dismissal of complaint with respect to 2013 denial was appropriate where, at time plaintiff sought permission to visit daughter, plaintiff had failed to obtain completed questionnaire from daughter’s legal guardian that would have established guardian’s consent to said visit.