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Message: <blockquote data-quote="Stoat" data-source="post: 5069133" data-attributes="member: 16786">I'm a lawyer, and I have some experience litigating cases about prison/jail regulations. The most important thing to keep in mind is that the inmate has the burden of proving that the regulation is unconstitutional.  Under the law, this is a very heavy burden.  The opinion sets out the specifics, but basically the inmate has to show that there is no rational relationship between the regulation and a legitimate penological interest.  Basically, all the prison has to do is show that playing D&D might interfere with security, and it wins.The basis for Singer's opinion about the impact of D&D on prison security is essentially irrelevant as long as it isn't irrational.  It could be based on first hand experience, an extrapolation from similar experience, something he heard at a training seminar, or whatever.  As I read the opinion, the Court found Singer's testimony (which I assume was by way of an affidavit) to be uncontroverted.  Singer said, "D&D might cause security problems!"  The plaintiff needed to find someone to say "nuh uh!"  to create a question of fact and move the case to a jury.  He rounded up a bunch of inmates and maybe some gaming professionals, but the court declined to give credence to them.  This is unusual, at summary judgment the court shouldn't be weighing the credibility of the witnesses.  We can't really tell what happened without access to the relevant affidavits/deposition transcripts, but it looks like the plaintiff's witnesses either didn't speak to the security issue OR the court declined to consider their testimony because they were speaking "from the wrong side of the prison bars."  The takeaway is this:  any prisoner's rights may be very strictly circumscribed.  The prisoner generally has little recourse.  Courts tend to believe prison officials/law enforcement more than they do prisoners.</blockquote>

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