Payne v. District of Columbia, 13944.

Decision Date27 March 1958
Docket NumberNo. 13944.,13944.
PartiesMinnie Mae PAYNE, Appellant, v. DISTRICT OF COLUMBIA, a body corporate, et al., Appellees.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. Carroll F. Tyler, Jr., Washington, D. C., for appellant.

Mr. Richard W. Barton, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellees. Mr. John A. Earnest, Asst. Corp. Counsel, also entered an appearance for appellees.

Before PRETTYMAN and BURGER, Circuit Judges, and JACKSON, a Senior Judge of the Court of Customs and Patent Appeals*.

Petition for Rehearing In Banc Denied April 23, 1958.

PER CURIAM.

Appellant sued for damages and for injunctive and declarative relief to require appellees to permit conjugal visits to her husband and private accommodations during the time he is lawfully committed to the District of Columbia Jail under a conviction for housebreaking. His incarceration is not challenged. She claims she has been denied rights without due process as to her.

The District Court dismissed the complaint of appellant for failure to state a claim upon which relief could be granted.

We find no error in the dismissal and the judgment of the District Court is therefore

Affirmed.

* Sitting by designation pursuant to the provisions of Section 294(d), Title 28 U.S.Code.

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2 cases
  • Gerber v. Hickman
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 23, 2002
    ...right because visitation privileges are "a matter subject to the discretion of prison officials"); Payne v. Dist. of Columbia, 253 F.2d 867, 868 (D.C.Cir.1958) (per curiam) (upholding without explanation the district court's dismissal for failure to state a claim a due process claim regardi......
  • McCray v. Sullivan
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 19, 1975
    ......Page 1334.         Appeals from the United States District Court for the Southern District of Alabama.         Before GODBOLD ...denied 384 U.S. 966, 86 S.Ct. 1598, 16 L.Ed.2d 678 (1966); Payne v. District of . Page 1335. Columbia, 102 U.S.App.D.C. 345, 253 F.2d 867 ......
1 books & journal articles
  • Lyons v. Gilligan
    • United States
    • Carolina Academic Press Significant Prisoner Rights Cases (CAP)
    • Invalid date
    ...included Stuart v. Heard (359 F.Supp. 921, S.D. Tex. 1973), Tarlton v. Clark (441 F.2d 384, 1971), and Payne v. District of Columbia (253 F.2d 867, D.C. Cir. 1958). In these cases, the courts ruled that the denial of marital relations to prisoners did not constitute a violation of the Eight......

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