Posted on 06/27/2002 2:14:45 PM PDT by chance33_98
Justice Calls Prison Punishment Unconstitutional Email story to a friend
(Washington-AP) -- The Supreme Court today declared unconstitutional an Alabama prison practice of handcuffing inmates to a metal pole in the summer heat. The court ruled that an inmate could sue over his chaining.
Larry Hope filed suit after he was twice fastened to a hitching post at Limestone Correctional Facility in 1995. The punishment, which was revived by former Governor Fob James in the state in 1995 as part of a get-tough program for criminals, is "obvious" cruel and unusual punishment, the court ruled 6-to-3.
The victory for inmates was partly symbolic. Alabama was the only state to use "hitching posts" in recent years and it has ended the punishments. But the ruling halts a string of Supreme Court decisions that shielded prison officials from inmate lawsuits. Justices seemed disgusted with treatment of Hope who claims he was twice chained to an outdoor pole and denied food and water as punishment for fighting while assigned to a chain gang.
Justice John Paul Stevens, writing for the majority, said the practice "unnecessarily and wantonly inflicted pain." The practice was reviewed as part of the broader question of when guards may be sued.
Just my </sarcasm> tag
Nah, The next thing will be a ruling that the Constitution is unconstitutional.
You heard it here first!
Go ahead, Drudge, run that!
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