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Judges order good-time credit reinstated

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The head inmate law clerk at an Indiana correctional facility is entitled to the 30 days of good-time credit that the prison revoked after finding he used the library’s computers without authorization. But the inmate was just following orders from prison library staff, the 7th Circuit Court of Appeals pointed out.

As head inmate law clerk at the Putnamville Correctional Facility, Eric Grandberry assisted other inmates who needed support with problems arising from their custody. One library staff member asked him to download and fill out a petition to stop child support; another staff employee asked him to get and fill out forms that her daughter could use to apply for a divorce. Grandberry fulfilled those requests.

Prison officials accused him of unauthorized alteration, use or possession of any electronic device, moved him to solitary confinement and revoked 30 days of his good-time credits.

The 7th Circuit noted that the record does not contain evidence that Grandberry used the library’s computers without authorization. The Indiana Department of Correction maintains that Grandberry should not have followed the staff’s directives, which the judges found surprising.

“Prisons regularly contend that prisoners must obey all orders. … It would ill serve the interests of the Indiana Department of Correction to tell prisoners (as the Department’s appellate brief insists) that they are not only entitled but also required to disobey orders that should not have been given. In such a regime prisoners undoubtedly would become creative in finding justifications for disobedience. Far better to have a norm of compliance; then staff members, rather than the prisoners, get to decide in the first instance which orders are proper and must be followed. If the library staff gave Grandberry improper orders, the penalty should fall on the staff members,” Judge Frank Easterbrook wrote in Eric Grandberry v. Brian Smith, superintendent, Plainfield Correctional Facility, 12-2081.

The 7th Circuit remanded with instructions to issue a writ of habeas corpus restoring the good-time credits.
 

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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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