Finney v. Mabry, PB-C-69-24.
| Decision Date | 02 March 1982 |
| Docket Number | No. PB-C-69-24.,PB-C-69-24. |
| Citation | 546 F. Supp. 626 |
| Parties | Robert FINNEY, et al., Petitioners, v. James MABRY, et al., Respondents. |
| Court | U.S. District Court — Eastern District of Arkansas |
Philip E. Kaplan, Jack Holt, Jr., Phillip McMath, Little Rock, Ark., for petitioners.
Steve Clark, Atty. Gen., Albert Carter Hardage, Asst. Atty. Gen., State of Ark., Little Rock, Ark., for respondents.
The Court filed a Memorandum Opinion in this case on Friday, February 19, 1982. 534 F.Supp. 1026. In that opinion the Court made findings concerning the degree of compliance of the respondents with the Constitution, the Consent Decree, and prior orders of the Court with regard to various conditions of confinement imposed upon inmates of the Arkansas Department of Correction. Pursuant to that Memorandum Opinion, for the reasons stated therein, it is hereby Ordered:
1. The respondents will cause to be made, kept and maintained a written record showing all needed repairs in the East Building of the Cummins Unit. The report shall state the date that any significant damage occurs and shall set forth the schedule for the correction of the deficiency noted. Finally, after the repair has been completed, the date of such completion shall be noted on the report. Each such report shall be maintained for a minimum period of five years from the date of the completion of the repair.
2. The respondents shall require that the records presently maintained concerning the evaluation and re-evaluation of residents of the East Building of the Cummins Unit shall be supplemented to describe in reasonable detail the evaluation that was undertaken, and to indicate the reasons that purportedly justify keeping the person in the maximum security unit. Any psychological counseling or testing conducted, or other reference of the inmate for evaluation, and the results of such tests or evaluation, must be noted. If no such reference is felt to be required, the reason must be noted. These records shall be placed in the permanent file of the inmate.
3. In any disciplinary action in which the inmate alleges as a defense that he or she refused to work for medical reasons, a record must be made which identifies the person in the infirmary who checked the medical records and determined that the inmate had not been given an excusal from work for medical reasons and who gave that information to the Disciplinary Committee. This notation may be written in the medical records, in the disciplinary records, or both, at the preference of the respondents.
4. The respondents shall submit on or before March 12, 1982, a report describing in detail progress made on the implementation and use of the grievance procedure recently adopted by the Arkansas Department of Correction. Another similar report shall be made on or before April 12, 1982. The implementation and use of the grievance procedure shall also be described in detail by the respondents in the final report due during the week of May 3, 1982, as ordered below.
5. The respondents shall submit on or before March 12, 1982, a report on the implementation of the new medical services system for the Arkansas Department of Correction, and the capability of that system to adequately meet the needs of the inmate population. Another similar report shall be made on or before April 12, 1982. The implementation and adequacy of the medical services system shall also be described in detail by the respondents in the final report due during the week of May 3, 1982, as ordered below.
6. The...
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Finney v. Mabry, PB-C-69-24.
...was issued setting forth these findings and conclusions on February 19, 1982, 534 F.Supp. 1026, and an Order was entered on March 2, 1982, 546 F.Supp. 626, imposing additional requirements on the respondents. Pursuant to that Order, periodic reports were submitted to the Court by the respon......