In Re Carrafa

Opinion

REYNOSO, J.

Petitioner, Victor Carrafa, an inmate at Folsom State Prison, by his habeas corpus proceeding challenges the actions of the Department of Corrections (Department). The Department has prohibited, at least temporarily, his marriage with his fiancée, Joan Vibbard.

1

The right to marry is a statutorily recognized fundamental constitutional guarantee. The right was impermissibly infringed. Prison authorities erroneously ruled that denial of general visitation rights to the bride also justified the denial of the marriage request. We conclude that

[790]

the Department must permit petitioner’s marriage.

2

Prison security may properly be considered by the Department in making arrangements for the ceremony.

Petitioner requested permission to marry his fiancée. The request, dated May 23, 1977, was to many on June 29, the date already set for weddings. Permission was denied.

On June 4, 12 days after the request, a pistol and other contraband were found in prison. Petitioner was immediately placed in an isolated security unit. The next day he was informed in writing that he had been placed in the security unit pending the investigation. Prison authorities later advised petitioner that his “lock-up” was for his protection; they had received information that his murder was planned by other inmates. After 15 days, on June 20, petitioner was placed back in the general prison population.

Petitioner’s fiancée’s visitation rights were suspended apparently between June 20 and June 28. On the 28th she was advised in writing that the suspension was “due to information leading us to believe that you were involved [in] the smuggling of a firearm and narcotics” into prison. The suspension was also based on falsification of her residence address on the “visiting questionnaire.”

Two further letters from prison authorities to petitioner’s fiancée explained the suspension. During the investigation, according to a July 15 letter, “reliable information” revealed that she, Joan Vibbard, was involved in the introduction of large amounts of marijuana to the prison. Further, the method of introduction (hiding marijuana in prison service vehicle tire) was the same as that used to introduce the pistol. Secondly, the pistol found by prison authorities had been serviced prior to its introduction to prison.- The repair “tag” listed Sharon Smith as the person who had the gun serviced. During that period the same address was used by Joan Vibbard. On July 25 yet another letter was sent. She was advised that she could not visit the prison until the investigation was complete. The letter explained that the investigation dealt with the “smuggling of a gun” and that she was “implicated” as being possibly involved.