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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

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  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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