Exercise and recreation.

12. Exercise and Recreation

U.S. Appeals Court    Wolf v. Ashcroft, 297 F.3d 305 (3rd Cir. 2002).
                      Federal prisoners brought a class action
  MOVIES              challenging a prison policy that prevented
                      prisoners from viewing movies with a rating of
                      "restricted" or higher. The district court
                      entered judgment on the pleadings in favor of the
                      government. The appeals court reversed and
                      remanded. The appeals court held that the
                      district court did not conduct a "proper,
                      thorough analysis" under Turner v. Safley because
                      it did not articulate a relevant penological
                      interest or the prohibition's relationship to it,
                      and considered only the first prong of Turner.
                      The appeals court held that the district court
                      should not have relied on "common sense" in
                      determining whether the first prong was
                      satisfied, noting that whether the requisite
                      connection may be found solely on the basis of
                      common sense depends on the nature of the right,
                      the nature of the interest asserted, the nature
                      of the prohibition, and the obviousness of the
                      connection to the interest. The district court
                      had concluded that the policy was neutral and was
                      reasonably and rationally related to a legitimate
                      penological interest. (Federal Bureau of Prisons)