Jordan v. Fitzharris
Decision Date | 06 September 1966 |
Docket Number | No. 44786.,44786. |
Citation | 257 F. Supp. 674 |
Court | U.S. District Court — Northern District of California |
Parties | Robert Charles JORDAN, Jr., Plaintiff, v. C. J. FITZHARRIS et al., Defendants. |
Charles B. Cohler, San Francisco, Cal., for plaintiff.
Thomas C. Lynch, Atty. Gen. of California, by Robert R. Granucci, John Oakes, Deputy Attys. Gen., for defendants.
This is a civil rights action in which the plaintiff claims to have been unconstitutionally subjected to cruel and unusual punishment. The action is brought under 42 U.S.C. §§ 1981, 1983, 1985(3) and 1986; the Court's jurisdiction is had under 28 U.S.C. §§ 1331 and 1343. Plaintiff prays for injunctive and monetary relief.
Plaintiff Robert Charles Jordan, Jr., is an inmate of the California Correctional Training Facility at Soledad. Named as defendants are the State of California, the Correctional Training Facility at Soledad, the Director of Corrections of the State of California, the Superintendent of the facility at Soledad, and various subordinate officials at Soledad.1
The action was initially begun by the plaintiff acting on his own behalf and proceeding in forma pauperis. Thereafter, the court appointed Charles B. Cohler, Esq., of San Francisco, to represent Mr. Jordan in all further proceedings. Mr. Cohler's commendable zeal and devotion to the cause of the indigent plaintiff in large measure made possible the successful result.
Plaintiff's cruel and unusual punishment contention arises out of his confinement from July 9 until July 20, 1965, in a so-called "strip cell" at Soledad. The strip cells (6 in number) form part of the isolation section of the prison's maximum-security Adjustment Center.2 Each strip cell measures approximately 6'-0" by 8'-4". The side and rear walls are solid concrete, as is the floor. The front wall is constructed of steel bars covered by a metal screen. Access is gained through a sliding barred door. A second front wall is located 2'-10" from the barred wall, thus forming a kind of vestibule between the cell proper and the corridor. Set into this otherwise solid wall are a 24" × 36" barred and screened window opening and a hinged steel door with a 12" × 18" barred and screened window opening. The window openings in this outer wall and outer door can be closed off by means of a metal flap which is hinged at the bottom of each window and can be swung up and latched at the top of the window opening. Immediately outside of this outer wall is an 8'-7½" wide corridor which runs past the six strip cells, through a barred barrier with a locked door, past the eighteen isolation cells, through a "sally port" (a small rectangular, barred enclosure having two locked doors) and into another corridor where it terminates. In this latter corridor is located the officers' area. Thus the strip cells are placed at the opposite end of the wing from the officers' area and an officer must pass through three locked doors to get from his area to the strip cells. Across the corridor from the strip cells is the outer wall of the wing. This wall has barred windows which formerly contained glass but now are partially covered by sheet metal.
The interiors of the strip cells are entirely devoid of furnishings except as follows: Four of the strip cells have an ordinary commode toilet encased in concrete. The remaining two strip cells have a so-called "Oriental" toilet, i. e., a hole in the floor.3 None of the toilets can be flushed by the occupant of the cell, but must be flushed from outside the cell by an officer or an inmate porter. The flushing mechanism is located in a tunnel immediately behind the row of strip cells.
Heat and ventilation are supplied to the strip cells through two ducts located high on the rear walls of the cells. The cells have no interior source of light. When the flaps on the outer wall are closed the cells are totally dark except for such light as may seep in through the cracks around the flaps and the outer door.
The strip cells, as described above, are the most secure and have the least facilities of any cells in the facility at Soledad. They represent the most extreme form of confinement the institution has to offer.
Plaintiff testified, and the records indicate, that he was placed in a strip cell on the evening of Friday, July 9, 1965. He remained continuously in the cell until the morning of Tuesday, July 20, 1965, except for a brief period on Tuesday, July 13, when he was removed from the cell, taken to a hearing before the Disciplinary Committee, and returned to the cell.
The amended complaint filed by Jordan, through his appointed counsel, particularized his grievances and charged substantially as follows:
Jordan, called as a witness on his own behalf, gave testimony which fortified the foregoing allegations. He testified categorically concerning the practices engaged in by the defendants. He was subjected to a lengthy and searching cross-examination by the two attorneys representing the defendants. His testimony is clear and convincing. (Tr. p. 368, et seq.)
More particularly, Jordan discharged the burden cast upon him with respect to the period of time he was confined...
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...shocking or debased as to violate standards of common decency. See Landman v. Royster, 333 F.Supp. 621 (E.D.Va.1971); Jordan v. Fitzharris, 257 F.Supp. 674 (N.D.Cal. 1966). The second test that has achieved Supreme Court approval and wide application is the disproportionality test announced......
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