"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
That's the text of the Eighth Amendment to the US Constitution. Yesterday a federal appeals court ruled that the amendment has been missing in action at the Supermax Prison in Boscobel. The Cap Times summarizes the decision here. Writing for the court, Judge Terence Evans' intro paragraph describes a harrowing scene:
"Stripped naked in a small prison cell with nothing except a toilet; forced to sleep on a concrete floor or slab; denied any human contact; fed nothing but 'nutri-loaf;' and given just a modicum of toilet papers - four squares - only a few times. Although this might sound like a stay at a Soviet gulag in the 1930s, it is, according to the claims in this case, Wisconsin in 2002."
Such conditions at the prison are part of a "Behavioral Modification Program," the perfect Orwellian descriptor for practices that reek of Stalinism.
Judge Evans was appointed to the bench by Bill Clinton, which some looney wingnuts will interpret as "soft on crime." However, the three-judge panel was unanimous; Chief Judge Joel Flaum and Circuit Judge Kenneth Ripple were appointed by Ronald Reagan.
Congratulations and thanks to Ed Garvey for his successful involvement in this case.
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