309 F.Supp. 497 (S.D.Ga. 1970), 2549, Krist v. Smith

Docket Nº2549.
Citation309 F.Supp. 497
Party NameGary Steven KRIST, Petitioner, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia,Respondent.
Case DateFebruary 13, 1970
CourtUnited States District Courts, 11th Circuit, Southern District of Georgia

Page 497

309 F.Supp. 497 (S.D.Ga. 1970)

Gary Steven KRIST, Petitioner,

v.

S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia,Respondent.

No. 2549.

United States District Court, S.D. Georgia, Savannah Division.

Feb. 13, 1970

Supplemental and Final Order Feb. 25, 1970

Page 498

Gary Steven Krist, pro se.

William R. Childers, Jr., Deputy Asst. Atty. Gen., Atlanta, Ga., for respondent.

ORDER

LAWRENCE, Chief Judge.

In December, 1968, Gary Steven Krist abducted Miss Barbara Jane Mackle for ransom and buried her alive for eighty hours in a wooden box equipped with such amenities of living as an air pump and two vents, a battery-powered light and some food and water. Sentenced to life imprisonment after his conviction for kidnapping, he comes to the District Court complaining of the minuteness of his cell, the loneliness of life under maximum security conditions, the food served at Georgia State Prison and other objectionable conditions there.

Asserting that he is being cruelly, unusually and 'sub-humanly' punished by solitary confinement, Petitioner seeks injunctive relief under the Eighth and Fourteenth Amendments and under the Civil Rights Act, 42 U.S.C. § 1983. In a similar action in the State courts relief was denied Krist on the ground that prison administration is not a judicial function. Recently Petitioner voluntarily dismissed the appeal from that ruling which was pending in the Supreme Court of Georgia.

The complaints about Krist's life in prison make the Book of Lamentations sound like a paean of thanksgiving. 1 He objects to practically everything connected with his imprisonment. His quarters, 9 feet X 5 feet, are too cramped. He complains that he 'rots in his concrete Georgia garbage can.' There is no window in his cell at Reidsville Gaol and he cannot look even with a 'wistful eye at that little tent of blue which prisoners call the sky.' A 'gregarious' person, or so he characterizes himself, the only cellmates he has are roaches. His quarters contain only a bed, a table, a basin, shelf and a commode. He is supplied nothing except Bon Ami to cleanse the latter. Food is passed to him through an opening under the door. The food is terrible, the diet unbalanced. There are no fresh vegetables or fruit and far too much of a nauseous herb called turnip greens. He gets no exercise. He is restricted to two shower baths a week. He suffers from a scalp disorder and the right kind of shampoo is not available. There is no television and no movies. He cannot get books from the prison library without considerable trouble. He is not permitted to attend church services. The medical setup equally disenchants Krist. He complains that he did not get proper medication for an ear infection and that he received too much for a nervous condition in the form of tranquillizers dispensed by a non-licensed prison technician.

Page 499

No doctor is available at night. Furthermore, the physicians do not speak English.

Petitioner represented himself at the evidentiary hearing. 2 His principal point is that the solitary confinement imposed on him is arbitrary and capricious and that maximum security is, in his case, in itself a punishment, which is not merited by his conduct in the prison. 3 He says that his life sentence has been modified to a de facto sentence of 'life imprisonment in solitary confinement.' He argues that prolonged confinement in isolation without physical activity can produce ulcers, muscle atrophy, nervous disorders, pulmonary embolism, hypertension, excessive weight gain, etc. He introduced as exhibits results of research in space and undersea experiments as to humans in relation to the effect of isolation and inactivity. He claims that he has suffered physical effects from enforced idleness and segregation. I permitted Petitioner to submit interrogatories to two inmates. They agreed as to the adverse physical effects of prolonged segregated confinement.

The maximum security wing of the Reidsville prison houses around 200 inmates. Confinement there is called administrative segregation. It differs from disciplinary...

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26 practice notes
  • 367 Mass. 169 (1975), Commonwealth v. Boyd
    • United States
    • Massachusetts Supreme Judicial Court of Massachusetts
    • March 25, 1975
    ...population would create unmanageable risks. G.L. c. 127, § 39. O'Brien v. Moriarty, 489 F.2d 941, 944 (1st Cir. 1974); Kirst v. Smith, 309 F.Supp. 497, 500 (S.D.Ga.1970), affd, 439 F.2d 146 (5th Cir. 1971); Breece v. Swenson, 332 F.Supp. 837, 843 (W.D.Mo.1971). Block No. 10, where the defen......
  • 354 F.Supp. 505 (N.D.Cal. 1973), C-72-928, Allen v. Nelson
    • United States
    • Federal Cases United States District Courts 9th Circuit
    • February 15, 1973
    ...[6] E. g., Graham v. Willingham, 384 F.2d 367 (10th Cir. 1967); Royal v. Clark, 447 F.2d 501 (5th Cir. 1971). [7] E. g., Krist v. Smith, 309 F.Supp. 497 (S.D.Ga.1970), aff'd., 439 F.2d 146 (5th Cir. [8] E. g., Burns v. Swenson, 430 F.2d 771 (8th Cir. 1970), Fulwood v. Clemmer, 206 F.Supp. 3......
  • 453 F.2d 661 (5th Cir. 1971), 31116, Novak v. Beto
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • December 9, 1971
    ...Finally, the majority states that the conditions we face in this case have withstood the scrutiny of other courts. Krist v. Smith, 309 F.Supp. 497 (S.D.Ga.1970), aff'd, 439 F.2d 146 (5th Cir. 1971) and Ford v. Board of Managers, 407 F.2d 937 (3rd Cir. 1969) are cited. Each, I feel, is easil......
  • 487 F.Supp. 272 (E.D.La. 1980), Civ. A. 74-2266, LeBlanc v. Foti
    • United States
    • Federal Cases United States District Courts 5th Circuit Eastern District of Louisiana
    • January 31, 1980
    ...court to interfere with a state prison except where paramount federal constitutional or statutory rights intervene. See Krist v. Smith, 309 F.Supp. 497, 499 Of course, the courts must be responsive to complaints by prison inmates of conditions of incarceration which overstep the bounds of f......
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26 cases
  • 367 Mass. 169 (1975), Commonwealth v. Boyd
    • United States
    • Massachusetts Supreme Judicial Court of Massachusetts
    • March 25, 1975
    ...population would create unmanageable risks. G.L. c. 127, § 39. O'Brien v. Moriarty, 489 F.2d 941, 944 (1st Cir. 1974); Kirst v. Smith, 309 F.Supp. 497, 500 (S.D.Ga.1970), affd, 439 F.2d 146 (5th Cir. 1971); Breece v. Swenson, 332 F.Supp. 837, 843 (W.D.Mo.1971). Block No. 10, where the defen......
  • 354 F.Supp. 505 (N.D.Cal. 1973), C-72-928, Allen v. Nelson
    • United States
    • Federal Cases United States District Courts 9th Circuit
    • February 15, 1973
    ...[6] E. g., Graham v. Willingham, 384 F.2d 367 (10th Cir. 1967); Royal v. Clark, 447 F.2d 501 (5th Cir. 1971). [7] E. g., Krist v. Smith, 309 F.Supp. 497 (S.D.Ga.1970), aff'd., 439 F.2d 146 (5th Cir. [8] E. g., Burns v. Swenson, 430 F.2d 771 (8th Cir. 1970), Fulwood v. Clemmer, 206 F.Supp. 3......
  • 453 F.2d 661 (5th Cir. 1971), 31116, Novak v. Beto
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • December 9, 1971
    ...Finally, the majority states that the conditions we face in this case have withstood the scrutiny of other courts. Krist v. Smith, 309 F.Supp. 497 (S.D.Ga.1970), aff'd, 439 F.2d 146 (5th Cir. 1971) and Ford v. Board of Managers, 407 F.2d 937 (3rd Cir. 1969) are cited. Each, I feel, is easil......
  • 487 F.Supp. 272 (E.D.La. 1980), Civ. A. 74-2266, LeBlanc v. Foti
    • United States
    • Federal Cases United States District Courts 5th Circuit Eastern District of Louisiana
    • January 31, 1980
    ...court to interfere with a state prison except where paramount federal constitutional or statutory rights intervene. See Krist v. Smith, 309 F.Supp. 497, 499 Of course, the courts must be responsive to complaints by prison inmates of conditions of incarceration which overstep the bounds of f......
  • Free signup to view additional results