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14th Amendment Violation

By: Derek Hawkins//November 11, 2019//

14th Amendment Violation

By: Derek Hawkins//November 11, 2019//

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7th Circuit Court of Appeals

Case Name: Paul Nigl, et al. v. Jon Litscher, et al.

Case No.: 19-1618

Officials: FLAUM, ROVNER, and SCUDDER, Circuit Judges.

Focus: 14th Amendment Violation

Wisconsin Department of Corrections officials denied inmate Paul Nigl’s request to marry his former prison psychologist, Dr. Sandra Johnston. Nigl and Johnston filed suit, arguing that the denial violates their fundamental right to marry. The denial, however, was reasonably related to legitimate penological interests. Nigl and Johnston had engaged in a pattern of rule-breaking and deception in furtherance of their relationship leading up to the date of the marriage request, and the Psychology Examining Board concluded that Johnston had violated rules designed to protect patients in connection with her relationship with Nigl. The defendants also represent that the decision to deny the marriage request in January 2017 is not tantamount to a permanent denial. We therefore affirm the district court’s entry of summary judgment for the defendants.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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