Gann v. Acosta
The court held that the California Department of Corrections and Rehabilitation's regulation barring an inmate's overnight family visit because the murder victim is classified as a "step-parent" is entitled to deference, that the agency's interpretation of "step-parent" under CCR §3000 is not unreasonable, that family visitation is a privilege.
Date Filed: March 15, 2022
Case Name: Gann v. Acosta
Case Number: F080831
Court: California Court of Appeal, Fifth Appellate District
The court decides whether a California Department of Corrections and Rehabilitation (CDCR) regulation that bars an inmate from an overnight family visit because the murder victim is classified as a “step‑parent” is entitled to deference. It holds that CDCR’s interpretation of “step‑parent” under CCR §3000 is not unreasonable, that family visitation is a privilege—not a statutory right—and therefore the writ of mandamus is denied and the denial of the visit is affirmed. The ruling underscores that courts will generally uphold prison‑administrative definitions of familial relationships when applying visitation restrictions, limiting inmates’ ability to challenge such agency determinations.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.