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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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