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Prison jumpsuits don't constitute cruel and unusual punishment

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Requiring inmates to wear lightweight jumpsuits instead of shirt and pants is not cruel and unusual punishment, ruled the Indiana Court of Appeals.

Prisoner James Daher at the Miami Correctional Facility sought a temporary restraining order preventing the Indiana Department of Correction from implementing a plan to issue jumpsuits to inmates rather than shirts and pants. Daher claimed he would suffer irreparable harm because the jumpsuits are ill-fitting, poor quality, and a made of thin material, which would be an issue during cold months. He also argued forcing inmates to wear the jumpsuits would violate the Eighth Amendment prohibition against cruel and unusual punishment.

The trial court dismissed his petition after screening it through guidelines listed in Indiana Code 35-58-1-2, although the judge didn’t say whether he dismissed it for failure to state a claim or because it was frivolous.  

Daher relies on I.C. 5-23-5 et seq., which sets out the procedures to be followed by governmental entities that wish to enter into agreements with private parties in certain circumstances. He claimed that he’s entitled to the TRO because the DOC engaged in impropriety when it awarded the contract for making jumpsuits without engaging in a public bidding process. The contract Daher challenges regarding prison uniforms isn’t governed by this statute so his argument fails, wrote Judge Ezra Friedlander in James Daher v. Mark Sevier, No. 52A04-1103-MI-150.

With regards to Daher’s argument that the poor quality of the jumpsuit would subject him to cruel and unusual punishment, that argument also fails.

“Without meaning to be flip, we presume that the facility in which he is housed is heated in the winter and that he will be provided with appropriate outer wear in the event he must go outside into the cold,” wrote the judge. “In short, his complaint addresses matters of comfort that do not rise to the level of wanton deprivation or undue suffering. In fact, the condition of which he complains falls so far below the Eighth Amendment threshold of cruel and unusual punishment that it can fairly be characterized as a trivial complaint in that context.”

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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