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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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