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| Judge Orders Mississippi Death Row Reforms |
| By Associated Press |
| Published: 05/22/2003 |
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Saying the 'filthy conditions' on Mississippi's death row are so bad they violate the Constitution, a federal judge Wednesday ordered mental health exams, better toilets and other improvements to help inmates who say they are being driven insane. 'No one in a civilized society should be forced to live under conditions that force exposure to another person's bodily wastes,' U.S. Magistrate Jerry Davis wrote. 'No matter how heinous the crime committed, there is no excuse for such living conditions.' The judge said the conditions at the Parchman prison constitute cruel and unusual punishment in violation of the Eighth Amendment. He ruled in a lawsuit that alleged the harsh conditions were contributing to a high rate of mental illness among the prisoners. Davis ordered the state Corrections Department to undertake 10 actions to improve conditions at the prison. They include annual mental health checkups, better lighting, improved toilets, insect control and ways to keep inmates cool during the summer heat. Corrections Commissioner Chris Epps, who has said he does not consider Mississippi's death row any worse than others across the country, said he will meet with Davis next week to challenge some orders and seek clarification on others. 'The Mississippi Department of Corrections respectfully disagrees with Judge Davis' findings,' Epps said. Cost is an issue for the department, which is facing a deficit of more than $60 million next year. Epps said implementing the judge's orders could affect education and literacy programs. Margaret Winter, associate director of the American Civil Liberties Union's National Prison Project, said she believed the ruling set a precedent for standards on death row. 'Judge Davis really did the right thing here in recognizing the basic principle in our society that we treat everybody humanely, that we don't subject anybody to torture,' she said. Co-counsel Steve Hanlon called the decision 'courageous.' 'To my knowledge, it is the first successful prison conditions case on death row in America,' Hanlon said. Sixty-six inmates are on death row at Parchman and a woman under a death sentence is at a women's prison unit outside Jackson. They have complained about stifling heat and lack of ventilation. Davis said that if the heat index exceeds 90 degrees, each cell must be equipped with a fan, and ice water and showers must be made available to the inmates. Davis also ordered the Corrections Department to draw up plans to upgrade the plumbing and lighting, provide cleaning materials and make sure all windows are repaired and screened to protect the inmates from insects. The judge said officials should also provide sneakers and a shaded area with access to water for exercise. Currently, inmates wear prison-issued flip-flops in individual pens for exercise. |
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