Whether a prison's indefinite ban on visitation between a minor child and her parent without any particularized justification violates the right of familial association

QUESTIONS PRESENTED In Overton v. Bazzetia, 539 U.S. 126 (2003), this Court recognized that a prison regulation that permitted visitation with a prisoner’s own minor children, stepchildren, grandchildren, and siblings but prohibited visitation with all other children under age eighteen was facially valid. Id. at 129, 133. Four circuits have since recognized that an arbitrary and indefinite denial of visitation between a parent and minor child violates the constitutional right of association. In the decision below, the Fourth Circuit held that an individual “who has committed a sex offense against a minor” has no constitutional right to “in-person visitation with his minor daughter.” App. 10a—12a. It reached that conclusion and affirmed a dismissal in this case despite allegations that, for over five years, prison officials have barred a father and his daughter from seeing one another for, in the prison’s words, “no specific reason,” App. 140a. The questions presented are: I. Whether a prison’s indefinite ban on visitation between a minor child and her parent without any particularized justification violates the right of familial association. II. Whether the decision below should be summarily reversed. 1