Eminent Domain

The 7th Circuit Court of Appeals handed down a decision in a Wisconsin prisoner's cruel and unusual punishment claim today. Freeman, an inmate with a wonderfully ironic last name, is currently housed in the Supermax prison. The prison has rules about prisoner behavior when receiving meals. One of these rules states that the prisoners must be wearing pants or gym shorts. Mr. Freeman, perhaps yearning for any kind of freedom, decided on numerous occasions that he didn't want to wear pants. The prison refused to give him meals unless he put on some pants. As a result of Freeman's below-the-belt disobedience, he lost 45 pounds. The cruel and unusual punishment lawsuit followed.

Writing for a unanimous three-judge panel consisting of himself, Judge Frank Easterbrook, and Judge Diane Wood, Judge Richard Posner affirmed the trial judge's ruling in favor of the prison.
Here is what Posner had to say...

...there is a difference between using food deprivation as a punishment and establishing a reasonable condition to the receipt of food.

He continues...

The pants requirement may not seem a reasonable condition on receiving food but it is. In the words of the appellees' lawyer in his opening statement to the jury, "There are two primary reasons. Number one, there are a lot of women security officers working in this facility so they are entitled to basic privacy. Secondly, there are security issues. Inmates throw urine, feces, expose themselves, ejaculate, and to prevent that from happening to any security officer, there is a rule that the inmate must be clothed."

Posner goes on two cite a few exceptions where the prison would have to force feed the prisoner to prevent him from seriously endangering his life. However Mr. Freeman's weight loss was because of his own bad behavior (which also included the ever popular painting of the walls with blood and shit), so his loss of meals was his fault.

Judge Posner is always a delight to read. Not to sound like too much of a hometown cheerleader, but I love the 7th Circuit. We have the best cases and the best judges.