Rendering Turner Toothless: The Supreme Court’s Decision in Beard v. Banks

The Supreme Court has long recognized that prisoners\u27 constitutional rights must be balanced against the need for deference to the decisions of prison administrators when prisoners\u27 rights are restricted incident to their incarceration. The Court, however, has never explicitly recognized a theory of proper incarceration, yet it has implicitly adopted such a theory through its decisions regarding the constitutionally permitted level of restriction on particular prisoners\u27 rights. This Note argues that the Court\u27s prisoners\u27 rights jurisprudence evinces a particular definition of proper incarceration and then reads the multiple opinions in Beard v. Banks consistently with that theory