409 F.2d 1185 (8th Cir. 1969), 19312, Courtney v. Bishop

Docket Nº19312.
Citation409 F.2d 1185
Party NameRobert COURTNEY, Appellant, v. O. E. BISHOP, Superintendent of Arkansas State Penitentiary, Appellee.
Case DateApril 21, 1969
CourtUnited States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 1185

409 F.2d 1185 (8th Cir. 1969)

Robert COURTNEY, Appellant,

v.

O. E. BISHOP, Superintendent of Arkansas State Penitentiary, Appellee.

No. 19312.

United States Court of Appeals, Eighth Circuit.

April 21, 1969

Rehearing Denied May 7, 1969.

Page 1186

Philip K. Lyon and Robert L. Robinson, Jr., Little Rock, Ark., for appellant.

Don Langston, Deputy Atty. Gen., of Arkansas, Little Rock, Ark., for appellee; Joe Purcell, Atty. Gen., of Arkansas, Little Rock, Ark., with him on the brief.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and BRIGHT, Circuit judges.

Matthes, Circuit Judge.

Robert Courtney has appealed from the order of the United States district court dismissing his petition for relief under 42 U.S.C. § 1983.

On May 28, 1967, appellant acting pro se filed a petition in the United States district court seeking relief from alleged cruel and unusual treatment inflicted upon him during solitary confinement in Cummins Farm, a penal institution in the state of Arkansas. Philip K. Lyon and Robert L. Robinson, Jr., lawyers of Little Rock, Arkansas, were appointed to represent petitioner. At the time of the filing of the original petition appellant had been released from solitary confinement. Subsequently, however, he was again placed in isolation. This precipitated a second complaint. The allegations in the second complaint were incorporated along with the first one in a final amended complaint filed by counsel on December 18, 1967. Essentially appellant alleged that he had been arbitrarily placed in solitary confinement, and that while there he was deprived of adequate and sanitary food, medical and psychiatric treatment, and was subjected to beatings by prison officials. These circumstances and conditions, he claimed, constituted cruel and unusual punishment as applied to him.

After a hearing before Honorable Oren Harris on January 26, 1968, at which appellant was afforded a full opportunity to offer evidence in support of his charges, the court found that appellant had not been subjected to cruel and unusual punishment and dismissed his claim for relief. At that time appellant had been released from solitary confinement and had been transferred to Tucker Farm, another penal institution in Arkansas.

The sole issue here is whether the court below was wrong in dismissing the claim for relief.

Page 1187

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61 practice notes
  • 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
    ...Sostre v. McGinnis, 2d Cir. 1971, 442 F.2d 178; Burns v. Swenson, 8th Cir. 1970, 430 F.2d 771; Courtney 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. R......
  • 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
    ...328 F.Supp. at 171; Sostre v. McGinnis, supra, 442 F.2d at 178, 192; Landman v. Peyton, 370 F.2d 135 (4th Cir. 1966); 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......
  • 378 F.Supp. 521 (M.D.Tenn. 1973), Civ. A. 6615, Crafton v. Luttrell
    • United States
    • Federal Cases United States District Courts 6th Circuit Middle District of Tennessee
    • September 13, 1973
    ...confinement is not per se constitutionally impermissible. Sostre v. McGinnis, supra; Burns v. Swenson, supra; Courtney v. Bishop, 409 F.2d 1185 (8th Cir. 1969), cert. denied 396 U.S. 915, 90 S.Ct. 235, 24 L.Ed.2d 192 (1969) Page 532 However, the Constitution does proscribe, for even brief p......
  • 434 A.2d 348 (Conn. 1980), Roque v. Warden, Connecticut Correctional Inst., Somers
    • United States
    • Connecticut Supreme Court of Connecticut
    • June 3, 1980
    ...566-67, 94 S.Ct. 2963, 2979-80, 41 L.Ed.2d 935 (1974); Procunier v. Martinez, supra, 416 U.S. 405, 94 S.Ct. 1807; Courtney v. Bishop, 409 F.2d 1185, 1187 (8th Cir.), cert. denied, 396 U.S. 915, 90 S.Ct. 235, 24 L.Ed.2d 192 (1969). We must determine, then, whether the board abused its discre......
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61 cases
  • 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
    ...Sostre v. McGinnis, 2d Cir. 1971, 442 F.2d 178; Burns v. Swenson, 8th Cir. 1970, 430 F.2d 771; Courtney 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. R......
  • 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
    ...328 F.Supp. at 171; Sostre v. McGinnis, supra, 442 F.2d at 178, 192; Landman v. Peyton, 370 F.2d 135 (4th Cir. 1966); 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......
  • 378 F.Supp. 521 (M.D.Tenn. 1973), Civ. A. 6615, Crafton v. Luttrell
    • United States
    • Federal Cases United States District Courts 6th Circuit Middle District of Tennessee
    • September 13, 1973
    ...confinement is not per se constitutionally impermissible. Sostre v. McGinnis, supra; Burns v. Swenson, supra; Courtney v. Bishop, 409 F.2d 1185 (8th Cir. 1969), cert. denied 396 U.S. 915, 90 S.Ct. 235, 24 L.Ed.2d 192 (1969) Page 532 However, the Constitution does proscribe, for even brief p......
  • 434 A.2d 348 (Conn. 1980), Roque v. Warden, Connecticut Correctional Inst., Somers
    • United States
    • Connecticut Supreme Court of Connecticut
    • June 3, 1980
    ...566-67, 94 S.Ct. 2963, 2979-80, 41 L.Ed.2d 935 (1974); Procunier v. Martinez, supra, 416 U.S. 405, 94 S.Ct. 1807; Courtney v. Bishop, 409 F.2d 1185, 1187 (8th Cir.), cert. denied, 396 U.S. 915, 90 S.Ct. 235, 24 L.Ed.2d 192 (1969). We must determine, then, whether the board abused its discre......
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