384 F.2d 367 (10th Cir. 1967), 9470, Graham v. Willingham

Docket Nº9470.
Citation384 F.2d 367
Party NameKenneth GRAHAM, Appellant, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.
Case DateOctober 30, 1967
CourtUnited States Courts of Appeals, Court of Appeals for the Tenth Circuit

Page 367

384 F.2d 367 (10th Cir. 1967)

Kenneth GRAHAM, Appellant,

v.

J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

No. 9470.

United States Court of Appeals, Tenth Circuit.

October 30, 1967

Jack S. Ramirez, Wichita, Kan., for appellant.

James R. Ward, Asst. U.S. Atty. (Newell A. George, U.S. Atty., was with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

Appellant is presently confined in the United States Penitentiary of Leavenworth, Kansas, serving a sentence lawfully imposed after conviction for the offense of murder in the second degree. By petition presented to the District Court for the District of Kansas he alleged that he was being subjected to cruel and unusual punishment in violation of his constitutional rights under the

Page 368

Eighth Amendment because of prolonged and unreasonable segregated confinement in the maximum security facilities at Leavenworth. After a full evidentiary hearing at which both the appellant and the Chief Correctional Officer testified, the trial court denied relief. We affirm.

The basic responsibility for the control and management of penal institutions, including the discipline, treatment and care of those confined, lies with the Attorney General and is not subject to judicial review unless exercised in such a manner as to constitute clear arbitrariness or caprice upon the part of prison officials. Cannon v. Willingham, 10 Cir., 358 F.2d 719 and cases cited. Segregation, as such, is not a cruel nor unusual treatment, punishment or practice. Kostal v. Tinsley, 10 Cir., 337 F.2d 845.

Appellant is not presently in segregation as a disciplinary control for specific misconduct but as an administrative control relating to inmates considered to be a 'threat to themselves, to others, or to the safety and security of the institution.' Bureau of Prisons Policy Statement, #7400.4, issued 9-9-66. Such a policy is perfectly proper and lawful and its administration requires the highest degree of expertise in the discretionary function of balancing the security of the prison with fairness to the individuals confined. In the case at bar the record reveals that appellant's confinement in segregation is...

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62 practice notes
  • 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
    ...192 (2d Cir. 1971); Krist v. Smith, 439 F.2d 146 (5th Cir. 1971); Burns v. Swenson, 430 F.2d 771 (8th Cir. 1970); Graham v. Willingham, 384 F.2d 367 (10th Cir. 1967). It has not gone unquestioned, however, when the courts have been faced with particularly egregious circumstances. Such decis......
  • 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
    ...v. Bishop, 8th Cir., 409 F.2d 1185, cert. denied, 396 U.S. 915, 90 S.Ct. 235, 24 L.Ed.2d 192 (1969); Graham v. Willingham, 10th Cir. 1967, 384 F.2d 367; United States ex. rel. Knight v. Ragen, 7th Cir. 1964, 337 F.2d 425, cert. denied, 380 U.S. 985, 85 S.Ct. 1355, 14 L.Ed.2d 277 (1965). Our......
  • 357 F.Supp. 443 (D.Kan. 1973), Civ. L-1325, Poindexter v. Woodson
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Kansas
    • January 24, 1973
    ...reluctant to interfere in matters of prison administration, whether the prison be a state or federal institution, Graham v. Willingham, 384 F.2d 367 (CA 10, 1967) (per curiam), Bethea v. Crouse, 417 F.2d 504 (CA 10, 1969). The Constitution of the United States specifically provides for free......
  • 363 F.Supp. 1152 (D.Md. 1973), Civ. 71-500, Collins v. Schoonfield
    • United States
    • Federal Cases United States District Courts 4th Circuit District of Maryland
    • September 18, 1973
    ...Courtney v. Bishop, 409 F.2d 1185 (8th Cir. 1969), cert. den., 396 U.S. 915, 90 S.Ct. 235, 24 L.Ed.2d 192 (1969); Graham v. Willingham, 384 F.2d 367 (10th Cir. 1967); United States ex rel. Knight v. Ragen, 337 F.2d 425 (7th Cir. 1964), cert. den., 380 U.S. 985, 85 S.Ct. 1355, 14 L.Ed.2d 277......
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60 cases
  • 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
    ...192 (2d Cir. 1971); Krist v. Smith, 439 F.2d 146 (5th Cir. 1971); Burns v. Swenson, 430 F.2d 771 (8th Cir. 1970); Graham v. Willingham, 384 F.2d 367 (10th Cir. 1967). It has not gone unquestioned, however, when the courts have been faced with particularly egregious circumstances. Such decis......
  • 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
    ...v. Bishop, 8th Cir., 409 F.2d 1185, cert. denied, 396 U.S. 915, 90 S.Ct. 235, 24 L.Ed.2d 192 (1969); Graham v. Willingham, 10th Cir. 1967, 384 F.2d 367; United States ex. rel. Knight v. Ragen, 7th Cir. 1964, 337 F.2d 425, cert. denied, 380 U.S. 985, 85 S.Ct. 1355, 14 L.Ed.2d 277 (1965). Our......
  • 357 F.Supp. 443 (D.Kan. 1973), Civ. L-1325, Poindexter v. Woodson
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Kansas
    • January 24, 1973
    ...reluctant to interfere in matters of prison administration, whether the prison be a state or federal institution, Graham v. Willingham, 384 F.2d 367 (CA 10, 1967) (per curiam), Bethea v. Crouse, 417 F.2d 504 (CA 10, 1969). The Constitution of the United States specifically provides for free......
  • 363 F.Supp. 1152 (D.Md. 1973), Civ. 71-500, Collins v. Schoonfield
    • United States
    • Federal Cases United States District Courts 4th Circuit District of Maryland
    • September 18, 1973
    ...Courtney v. Bishop, 409 F.2d 1185 (8th Cir. 1969), cert. den., 396 U.S. 915, 90 S.Ct. 235, 24 L.Ed.2d 192 (1969); Graham v. Willingham, 384 F.2d 367 (10th Cir. 1967); United States ex rel. Knight v. Ragen, 337 F.2d 425 (7th Cir. 1964), cert. den., 380 U.S. 985, 85 S.Ct. 1355, 14 L.Ed.2d 277......
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1 books & journal articles
  • Constitutional rights of prisoners
    • United States
    • Military Law Review Nbr. 55, January 1972
    • January 1, 1972
    ...prohibited within confinement When considered with authorized disciplinary .E.&, Graham 0. Wiliinghnm. 286 F. Supp. 783 ID. Km), ord, 384 F.2d 367 (10th Cir. 1967), where the court held that eontinuoui segregation in maximum =curit for mom thln two yeam waa both pmper and iadfui and did......