Posted on 01/25/2010 6:58:34 PM PST by Grig
MADISON, Wis. — A man serving life in prison for first-degree intentional homicide lost his legal battle Monday to play Dungeons&Dragons behind bars.
Kevin T. Singer filed a federal lawsuit against officials at Wisconsin’s Waupun prison, arguing that a policy banning all Dungeons&Dragons material violated his free speech and due process rights.
Prison officials instigated the Dungeons&Dragons ban among concerns that playing the game promoted gang-related activity and was a threat to security. Singer challenged the ban but the 7th U.S. Circuit Court of Appeals on Monday upheld it as a reasonable policy.
Dungeons&Dragons players create fictional characters and carry out their adventures, often working together as a group, with the help of complicated rules.
Singer, 33, has been a devoted player of the fantasy role-playing game since he was a child, according to the court ruling. After the ban went into effect, prison officials confiscated dozens of Dungeons&Dragons books and magazines in his cell as well as a 96-page manuscript he had written detailing a potential scenario for the game that players could act out.
Prison officials enacted the ban in 2004 after an inmate sent an anonymous letter expressing concern about Singer and three other inmates forming a “gang” focused around playing the game.
Singer was told by prison officials that he could not keep the materials because Dungeons&Dragons “promotes fantasy role playing, competitive hostility, violence, addictive escape behaviours, and possible gambling,” according to the ruling. The prison later developed a more comprehensive policy against all types of fantasy games, the court said.
The appeals court said the prison’s policy was reasonable and did not violate Singer’s rights.
“After all, punishment is a fundamental aspect of imprisonment, and prisons may choose to punish inmates by preventing them from participating in some of their favourite recreations,” the court said.
Singer was sentenced to life in prison in 2002 after being found guilty of first-degree intentional homicide in the killing of his sister’s boyfriend. The man was bludgeoned to death with a sledgehammer.
Department of Corrections spokesman John Dipko said the department was pleased with the decision and will continue to enforce rules that are designed to maintain a safe environment.
Singer’s court-appointed attorney, W.C. Turner Herbert, also did not immediately return a message seeking comment.
. . .promoted gang-related activity and was a threat to security ????!!
Okay, most folks think D&D players need to get a life (and for the most part they’re right). Some people think interactive fiction in a fictional setting with effective magic leads to involvement in the occult (and for the most part they’re wrong). But gang-related activity???!!! And they convinced an appeals court???!!!
Some people need to get a fantasy life. Sheesh!
Seriously? What, the Latin Kings refuse to adjust morale checks due to surprise modifiers? The Crips are 2nd Edition all the way and will cut you for having a 3.5 edition rulebook?
Dungeons and Dragons is the geekiest game around. Heck, some inmates might discover their inner geek. Can't have that, can we?
At least he gets to play dungeon at taxpayer expense.
*ahem* I believe if they check, it was a +3 Warhammer of Smiting. And as Singer was Chaotic Neutral, he was only playing to his alignment.
Yes, he deserves to be in jail for the rest of his life. Yes, they can take away his favorite game as punishment.
But still! Gang related activities?
I played D&D years ago. Can’t see it being harmful, but OTOH, if you also gave him unlimited chips and Coca Cola, he’d never want to get out of prison anyway.
Why can’t he just butt smugglle smokes and blow his cell mates like a normal inmate? what a freak.
....is it because D&D is the analog to a “gateway drug” for gangs? Some sort of gateway gang formation?
...some bureaucrats MUST have rolled low for Int on their character sheets.
D&D Prison Gang Ping!
*ahem* I believe if they check, it was a +3 Warhammer of Smiting. And as Singer was Chaotic Neutral, he was only playing to his alignment.
Yes, he deserves to be in jail for the rest of his life. Yes, they can take away his favorite game as punishment.
But still! Gang related activities?
Well, if Singer makes his saving roll (i.e. appeals to a higher court) he may yet get to play. Failing that, I'm recommending he use the Retributive Strike feature of his Staff of the Magi and hope he makes the roll for teleportation to some astral plane......
This is hilarious, absolutely hilarious. The best part of it isn’t the silly gang related aspect of the original complaint; the idea that three guys might form a gang because they were playing D&D. That’s just silly. When they start finding multiple murderers with tatoos of Gary Gygax, I might listen. The court said, “After all, punishment is a fundamental aspect of imprisonment, and prisons may choose to punish inmates by preventing them from participating in some of their favourite recreations.” In other words, it’s supposed to suck.
Yep, if this guy won his suit, all the bizarro criminals would promptly file to have their “recreations” satisfied.
Also, I don’t think a 1st degree murderer ought to be trusted with a d4 :)
The court’s reasoning about preventing inmates from engaging in their favorite pastimes as part of punishment would be far more compelling were it not routine to provide basketballs and basketball courts as part of yard exercise in prisons, particularly given the cultural composition of the American prison population.
With an eye towards fund raising, I think the states should do exactly what you’re suggesting and then auction off the privilege of suppressing the ensuing riots. Money in the coffers, plus reduced expenses, while hilarity and marksmanship practice are obtained. Everybody wins!
You fail your Saving Throw vs. Stupidity.
I think it's the dice.
I guess that rules Traveler out.
Pretty bizarre ruling though in terms of how it relates to initiating gang behavior. I would buy the he doesn’t deserve to play because he’s a murder argument more so than the gang angle.
d4 is a worthy caution. d12, however, hasn’t got any really pointy parts, and it tends to roll crappy anyway.
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