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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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