Perez v. Turner, 71-1689.
| Decision Date | 17 July 1972 |
| Docket Number | No. 71-1689.,71-1689. |
| Citation | 462 F.2d 1056 |
| Court | U.S. Court of Appeals — Tenth Circuit |
| Parties | Patrick PEREZ, Petitioner-Appellant, v. John W. TURNER, Warden, Utah State Prison, et al., Respondent-Appellees. |
Richard W. Giaugue, Salt Lake City, Utah, for petitioner-appellant.
David S. Young, Chief Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., Salt Lake City, Utah, with him on the brief), for respondent-appellees.
Before LEWIS, Chief Judge, and KILKENNY* and DOYLE, Circuit Judges.
Appellant, an inmate of the Utah State Prison, seeks a writ of habeas corpus on the ground that his Eighth Amendment rights against cruel and inhuman punishment have been violated.
Appellant is confined in the Utah State Prison as a result of his conviction for sodomy and assault with a dangerous weapon. After exhausting his state court habeas corpus remedies, appellant filed the instant action in the district court. The state trial court afforded appellant a two-day evidentiary hearing, after which it resolved all issues of fact and law against him. A complete transcript of the state court proceedings was considered by the district court in denying relief.
The state court found, among other things, that appellant had been subjected to six or seven sexual assaults, or threatened sexual assaults, over a period of eighteen months and that these assaults and threatened assaults disturbed and depressed him mentally. It also found that he endeavored to take his own life on five separate occasions. However, the court did not find that the appellees, or those under their control, condoned, were aware of, or were in any manner connected with the particular assaults.
To the contrary, it found that appellees recognized appellant's homosexual problems and attempted to assist by treatment, hospitalization and isolation. In fact, appellant was visited between thirty to thirty-five times by a prison psychiatric consultant during the period under scrutiny, was placed in the prison hospital for extended periods, and would probably still be there if it were not for the fact that his personal behavior required removal from that institution.
While we entertain the hope that some day an agency of society will produce a formula under which the conditions here found to exist can be corrected and some method devised for the protection of an inmate from his own unnatural desires and, as here, from his abuse by other inmates, short of isolation or other drastic methods now in use, as yet no such solution has been found. Certainly, the solution is not to turn loose on society a convicted criminal. Beyond question, the answer to the problem must be found in the administrative, rather than in the judicial arena. The supervision of the internal affairs of...
To continue reading
Request your trial
-
Wright v. Raines
...facilities. Marchesani v. McCune, 531 F.2d 459 (10th Cir. 1976) cert. denied 429 U.S. 846 97 S.Ct. 127, 50 L.Ed.2d 117; Perez v. Turner, 462 F.2d 1056 (10th Cir. 1972) cert. denied, 410 U.S. 944 93 S.Ct. 1381, 35 L.Ed.2d 611 (1973); Evans v. Moseley, 455 F.2d 1084 (10th Cir. 1972), cert. de......
-
Bijeol v. Benson
...will not interfere with the responsibility which rests with the Bureau of Prisons for the proper management of prisons Perez v. Turner, 462 F.2d 1056 (10th Cir. 1972), cert. denied, 410 U.S. 944, 93 S.Ct. 1381, 35 L.Ed.2d 611 (1973); Breedon v. Jackson, 457 F. 2d 578 (4th Cir. 1972); Courtn......
-
People v. Brown
...ex rel. Bryand v. Hendrick, 444 Pa. 83, 280 A.2d 110; Coffin v. Reichard, 143 F.2d 443; cf. Woodhous v. Virginia, 487 F.2d 889; Perez v. Turner, 462 F.2d 1056, cert. den. 410 U.S. 944, 93 S.Ct. 1381, 35 L.Ed.2d 611; see, generally, Turner, When Prisoners Sue: A Study of Prisoner Section 198......
-
People v. Grisso
...murder does not constitute cruel or unusual punishment. (See also Williams v. Field (9th Cir. 1969) 416 F.2d 483, 486; Perez v. Turner (10th Cir. 1972) 462 F.2d 1056.) III Defendant's final contention is that reversal is required by reason of his plea of "not guilty by reason of insanity" w......