Wayne Gerber, an inmate at Mule Creek State Prison, is serving a sentence of 100 years to life, plus eleven years as a habitual felon under California’s three strikes law. Although conjugal visits are allowed in California, they are not allowed to prisoners serving life terms. As his prospects of walking among the general public are slim, so are his prospects of impregnating his wife. Gerber requested that he be allowed to package his semen in a plastic collection container and mail it to a laboratory, eventually to artificially inseminate his wife. His request was denied. a. Does a prisoner lose all constitutional rights? b. Does a prisoner have a constitutional right to conjugal visits? What constitutional provisions would be argued? c. Is the warden’s denial of Gerber’s right to provide sperm samples a violation of the Equal Protection Clause because the state allows conjugal visits for some prisoners but not others?


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