Desper v. Clarke, No. 19-7346 (4th Cir. 2021)
Nature of Case: Plaintiff, who was incarcerated for sex offenses in Virginia, was denied in-person visitation with his minor daughter pursuant to regulations promulgated by the Virginia Department of Corrections that prohibited such visits between those in prison convicted of sex offenses and minors without an exemption from the VDOC.
Plaintiff filed a § 1983 lawsuit alleging that the denial deprived him of various constitutional rights, including substantive and procedural Due Process, as well as violating the Equal Protection Clause of the 14th Amendment. The federal trial court dismissed the lawsuit, and the Plaintiff appealed.
Holding: The 4th Circuit Court of Appeals affirmed the dismissal, finding that the denials and the regulation from which they stemmed did not violate Due Process or Equal Protection principles.
- 4th Circuit Court of Appeals Opinion | view via Google Scholar
- Appellant’s Brief
- Appellees’ Brief
- Appellant’s Reply Brief