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
citation_a.identifier: 71 F.3d 936, 936
citation_a.parenthetical: stating: "at the least, grounds exist for genuine dispute" about whether DOC "defendants are authorized by law" to require prisoner consent to MITS regime
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: see also
citation_b.identifier: 570 F.2d 374, 374
citation_b.parenthetical: right of' pretrial detainees to place telephone calls is subject to reasonable restrictions
citation_b.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).