context: Once again we emphasize the obvious simply because it is so consistently elided by Gilday, both below and on appeal: The Gil-day injunction grants Gilday no right or privilege to place any telephone call, nor has Gilday cited any authoritative decision indicating that conditioning prison-telephone utilization on informed prisoner consent to reasonable prison-security safeguards violates a federal or state right.
citation_a.signal: see also
citation_a.identifier: 570 F.2d 374, 374
citation_a.parenthetical: right of' pretrial detainees to place telephone calls is subject to reasonable restrictions
citation_a.sentence: See Langton, 71 F.3d at 936 (stating: “at the least, grounds exist for genuine dispute” about whether DOC “defendants are authorized by law” to require prisoner consent to MITS regime) (citing Griggs-Ryan v. Smith, 904 F.2d 112 (1st Cir.1990) (holding that “implied consent” is inferred from circumstances indicating that party knowingly agreed to surveillance)); see also Washington, 35 F.3d at 1100 (prison may impose rational limits on inmate telephone access, including subjecting inmates to MITS-type system); Strandberg, 791 F.2d at 747 (prisoner’s right to telephone access subject to reasonable restrictions); Feeley, 570 F.2d at 374 (right of’ pretrial detainees to place telephone calls is subject to reasonable restrictions); Cacicio, 665 N.E.2d at 90 (upholding MITS as reasonable security measure).
citation_b.signal: but cf.
citation_b.parenthetical: rejecting argument that prison may deem consent implied in situations where inmate must consent to terms in order to place calls, but finding surveillance of prison phones "a necessary price for prison security"
citation_b.sentence: But cf. United States v. Cheely, 814 F.Supp. 1430, 1443-44 (D.Alaska 1992) (rejecting argument that prison may deem consent implied in situations where inmate must consent to terms in order to place calls, but finding surveillance of prison phones “a necessary price for prison security”), aff'd, 36 F.3d 1439 (9th Cir.1994).