In 1980, Bernard Ybarra applied, pro se, for a preliminary injunction in the District of Nevada to forbid officials of Nevada State Prison from enforcing its informal regulation requiring frisk searches of contact visitors against his girlfriend.

In a March 1981 order, the District Court (Judge Edward C. Reed) stated that Ybarra was entitled to a preliminary injunction because the regulation (1) had not been put into writing and posted at the Prison, (2) was in conflict with a duly adopted existing regulation, and (3) had not been approved by the Board of State Prison Commissioners. However, instead of granting an injunction, Judge Reed granted defendants sixty days to file proof, via affidavit of the Prison Superintendent, that a Board approved regulation had been posted at the Prison. Defendants filed the affidavit a month later and plaintiff's preliminary injunction was denied. Ybarra v. Nevada Bd. of State Prison Comm'rs, 520 F. Supp. 1000 (D. N.M. 1981).

The docket for this case is not available on PACER, and therefore our information ends with the only available decision, dated August 24, 1981.

Eoghan Keenan - 06/10/2005


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