Graham v. Willingham, 4031 H.C.
| Decision Date | 30 March 1967 |
| Docket Number | No. 4031 H.C.,4031 H.C. |
| Citation | 265 F. Supp. 763 |
| Parties | Kenneth GRAHAM, Petitioner, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Respondent. |
| Court | U.S. District Court — District of Kansas |
John H. Murray, Leavenworth, Kan., for petitioner.
Newell George, U. S. Dist. Atty., Topeka, Kan., for respondent.
MEMORANDUM, FINDINGS OF FACT, CONCLUSIONS OF LAW
The petitioner, Kenneth Graham, is seeking relief for a writ of mandamus. He contends he is suffering cruel and unusual punishment from respondent. His contentions are as follows:
1. He has been placed in an isolation cell for no apparent reason.
2. He has been prevented from exercising free speech and religion.
3. He has lost good time which should be restored.
This court denied his petition, authorized appeal, and on appeal by stipulation of the parties the case was remanded for hearing.
Thereafter, counsel was appointed for petitioner, an order to show cause issued, respondent filed a verified answer and petitioner filed a reply. A hearing was held, evidence was introduced, and the court took the matter under advisement to prepare its findings and conclusions.
Graham is now serving a sentence in the United States Penitentiary at Leavenworth, Kansas. J. T. Willingham is the Warden.
Graham was convicted in the United States District Court of Florida February 19, 1960 on two counts of forgery and sentenced for a term of four years.
Graham, while serving the forgery sentences was convicted of murder in the second degree, sentenced to a term of eight years consecutive to his four year forgery sentence.
In December, 1962, a knife fight resulted in the death of another inmate, the authorities felt he was involved; no criminal action was taken.
In March, 1964, another inmate was murdered by one Brown; Graham was in the company of Brown and testified that he tried to stop the fight. No prosecutions were made, but Graham was sent to the United States Medical Center for Federal Prisoners at Springfield, Missouri in September, 1964. He was returned to Leavenworth with the recommendation that he needed maximum security housing and close controls. He was placed in administrative segregation. His conduct in segregation has been exemplary. He is an orderly in the Segregation Building.
The physical aspects of the Segregation Building (sometimes referred to as the "hole") are adequate and useful. It is known as Building No. 63 at the Penitentiary.
From the testimony and plans submitted to the court, it appears that the Segregation Building is approximately 90 feet long by 72 feet wide composed of two floors.
The two floors contain cells 7 feet wide, 20 feet long, and 10½ feet high, on each side divided by a 10-foot corridor. The second floor also has in addition to cells or rooms, a dormitory and supply room. The building is heated. The cells or rooms are equipped with an aluminum commode and wash basin of standard construction for federal prisons. The rooms have a standard bed, a 6'6" mattress, 4-inches thick, sheet and pillow cases. The rooms are lighted by a single lighting fixture 100-watt bulb with 230 volt bulb, which is 100 volt at night. This is dim but does permit the men to see. Each room has a door and has a window, 6 feet by 3½ feet for light and fresh air.
The men in segregation receive the same food as others in the general population of the prison. They receive three meals a day. They have access to books which are brought in and have commissary privileges including cigarettes, candy, etc., but not things which could be used as weapons. There are no T-V's, radios, or movies in the building, and the men do not usually work, except when on orderly duty. The men cannot go to church but they can have available priests, ministers, etc. come in to see them. Members of the medical staff visit the building daily. Clothes are the same as other members of the prison population. The clothes, bedding, etc. are kept clean.
The men can write and receive mail. Those in segregation are reviewed regularly by members of the disciplinary committee.
Graham is an orderly and is out of his room...
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United States ex rel. Hoss v. Cuyler
...deference to administrative judgment has been great indeed. For example, in Graham v. Willingham, 384 F.2d 367 (10th Cir.), aff'g, 265 F.Supp. 763 (D.Kan.1967), a case very similar to this one, the Court of Appeals for the Tenth Circuit rejected the cruel and unusual punishment contention o......
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Paka v. Manson
...fellow prisoners. Ford v. Board of Managers, 407 F.2d 937 (3rd Cir. 1969); Graham v. Willingham, 384 F.2d 367 (10th Cir.), aff'g 265 F.Supp. 763 (D.Kan.1967); Siegel v. Ragen, 180 F.2d 785 (7th Cir.), cert. denied, 339 U. S. 990, 70 S.Ct. 1015, 94 L.Ed. 1391 (1950); United States ex rel. Po......
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Buszka v. Johnson, Civ. A. No. 72-1801.
...against cruel and unusual punishment. Ford v. Board of Managers of New Jersey State Prison, 407 F.2d 937 (3d Cir. 1969); Graham v. Willingham, 265 F.Supp. 763 (D.C.Kan.), aff'd, 384 F.2d 367 (10th Cir. 1967); Roberts v. Barbosa, 227 F. Supp. 20 (S.D.Cal.1964). Furthermore, the temporary inc......
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Krist v. Smith, 2549.
...prisoners and their discretion will not be interfered with unless abused or arbitrarily or capriciously exercised. Graham v. Willingham, D.C., 265 F.Supp. 763; Rentfrow v. Carter, D.C., 296 F. Supp. 301; Courtney v. Bishop, 8 Cir., 409 F.2d 1185; Roy v. Wainwright, 5 Cir., 418 F.2d 231. Onl......