Dying Girl Denied Chance To Visit Father

[jsarno]

Originally Posted by JoeRedskin

The "exception" in this case is to the uncodified (i.e. - neither enacted as statute or regulation) informal policy of either this particular warden or the BOP. In administrative regulation such a policy is extremely discretionary, subject to challenge on just about any grounds, disfavored by the courts and granted little, if any, binding effect.

Applying the relevant written law in this case, a common sense approach could consider this an "extraordinary situation" under the terms of the applicable regulation. Thus, rather than an exception, the granting of this particular furlough could be seen as comporting with both the letter and the spirit of the codified law.

I see two huge red flags in your post.
1- common sense
2- extraordinary situation
Both require judgement of people that we do not know if they are competant.
We all know this is a society of pointing to someone that preceded us in any venture. This case WILL come up again for someone's client to use as a reason to allow them to see a dying loved one...the question will then be, do we have the proper people in place to make a "common sense" decision regarding THIER "extraordinary situation"?