KENTUCKY

v.

MILLER

Citator

Cited By (19 total)

• Block v. Rutherford, 468 U.S. 576 (U.S. 1984)
  …3] this case, and the Second and Fifth Circuits have held that the Constitution does require contact visits for detainees, at least in certain contexts. See Marcara v. Chinlund, 595 F. 2d 1231 (CA2), vacated and remanded sub nom. Lombard v. Marcera, 442 U. S. 915 (1979); Jones v. Diamond, 636 F. 2d 1364 (CA5), cert. granted sub nom. Ledbetter v. Jones, 452 U. S. 959, cert. dism’d, 453 U. S. 950 (1981). Cf. West v. Infante, 707 F. 2d 58 (CA2 1983) (per curiam); Campbell v. McGruder, 188 U. S. App. D. C. 258,…

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• Jones v. Diamond, 636 F.2d 1364 (5th Cir. 1981)
  …have a right to contact visits and held that they enjoyed such a right. That decision, however, was remanded by the Supreme Court for consideration in light of Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). Marcera v. Chinlund, 442 U.S. 915, 99 S.Ct. 2833, 61 L.Ed.2d 281 (1979). The Second Circuit, in turn, remanded the case to the District Court for the Western District of New York, where it is currently pending. . Certification of a 23(b)(3) class would have presented questions of m…

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• Kershner v. Mazurkiewicz, 670 F.2d 440 (3d Cir. 1982)
  …of in the same order. Appellants exhort us to embrace what one federal court has termed the doctrine of “pendent appellate jurisdiction,” Marcera v. Chinlund, 595 F. 2d 1231, 1236 n.8 (2d Cir.), vacated on other grounds sub nom. Lombard v. Marcera, 442 U.S. 915, 99 S.Ct. 2833, 61 L.Ed.2d 281 (1979). That doctrine, a judicially crafted exception to the interlocutory appeal rules of 28 U.S.C. § 1292, would provide that once an appellate court is accorded jurisdiction over the grant, refusal or modification…

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