UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
October 17, 1973
WILLIAM TINSLEY AND MARY GILBERTSON, PETITIONERS-APPELLANTS,
FREDERICK ADAMS, EARL STOUT AND JOHN MANSON, RESPONDENTS-APPELLEES.
Appeal from an order of the District Court for Connecticut, M. Joseph Blumenfeld, Chief Judge, which dismissed, after an evidentiary hearing, a complaint by a state prisoner relating to restriction of his privilege to communicate with and be visited by the co-plaintiff.
Before: FRIENDLY, ANDERSON and MULLIGAN, Circuit Judges.
Plaintiffs William Tinsley, a prisoner in the Correctional Institution at Somers, Connecticut, and Mary Gilbertson here sought an injunction to prevent the defendants, state officials, from removing Mrs. Gilbertson's name from the approved list of seven persons, apart from family members, lawyers and religious advisors, with whom Tinsley could correspond or whom he could receive as a visitor. Although the complaint appeared to proceed on the assumption that Mrs. Gilbertson had been removed from the list under a portion of the prison regulations relating to convictions of criminal offenses, it appears from the transcript of the hearing that the primary reason for her removal was another portion of the regulations authorizing this where a person's "behavior in the community clearly demonstrates continuing open and blatant defiance of the law and/or continuing intentional abuses and disrespect of persons employed in the criminal justice system, which includes the police, courts and corrections." Mrs. Gilbertson has now been restored to the approved list. Any disability arising from her federal conviction for violating regulations of the General Services Administration has expired. The State represented at argument that her Connecticut conviction for criminal trespass, now under appeal, would not be used as a basis for removing her name from the approved list.
We therefore see no occasion to reach the questions with respect to the validity of the regulations as here applied which were considered by the District Court. The appeal is dismissed and the judgment of the District Court is vacated on the ground that the case has become moot.
© 1998 VersusLaw Inc.