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Inmate loses appeal of visitation restrictions by DOC

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An inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.

After Lavelle Malone was found guilty by the Disciplinary Hearing Board of violating Adult Disciplinary Procedures Code 102, he was sanctioned in various areas, including modifying his visits to non-contact for one year.

Malone believed that this restriction violated Indiana Code 11-11-5-(4) and disciplinary policy 02-04-101 because those dictate that visitation privileges can only be restricted if one violates a privilege rule.

The trial court dismissed Malone’s petition for writ of mandate filed against Keith Butts, superintendent of the correctional facility, and Bruce Lemmon, Department of Correction commissioner, for failure to state a claim.

Malone’s argument is based on an erroneous assumption that his visitation rights were restricted pursuant to a disciplinary decision, to which I.C. 11-11-54(4) would restrict. However, his visitation modification was based on an administrative action, which allows for this type of modification, Judge Elaine Brown wrote in Lavelle Malone v. Keith Butts and Bruce Lemmon, 48A02-1203-MI-228.

In response to an argument made by the state, the judges held that the trial court had subject matter jurisdiction over the case as Malone brought his claim by petition for writ of mandate.

 

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  1. Here an atheist worries about the Indiana rules, when the real and demonstrated problems are (1) anti-Christian bias and (2) a refusal to follow their own rules as to the Indiana Board of Law Examiners! Such sweet, sweet irony! See, e.g. https://www.scribd.com/doc/299040062/Brown-ind-Bar-memo-Pet-cert and https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  2. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  3. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  4. Jeste?my najlepszym Kancelaria w Olkuszu. Odwied? nas na prawnika (adwokat) do wynaj?cia w Chrzanowie, Wadowicach i Olkuszu. Lokalny prawnik lub adwokat do wynaj?cia. adwokat wadowice

  5. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

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