Arkansas Prisoners File Suit

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i oes Francis E. ers y /\ PRESS RELEASE piecoccuune 
egal efense lund Jack Greenberg 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 
10 Columbus Circle. New York, N.Y. 10019 * JUdson 6-8397 

Director, Public Relations 
Jesse DeVore, Jr. 

Jenuary 23, 136 3 NIGHT NUMBER 212-749-8487 

FOR IMMEDIATE RELEASE 

ARKANSAS PRISONERS FILE SUIT 

LITTLE ROCK, ARKANSAS---Following an order of a Federal District 
Judge, a suit has been filed against the Arkansas Department of 

Corrections for systematic maltreatment of prisoners in the state 

penal system. 

On Monday, January 26, the case of Holt v. Sarver will be 
tried in Federal District Court in Pine Bluff, Arkansas. This 
complaint was filed on behalf of 24 inmates of the Arkansas State 

Penitentiary who are suing the state penal system in an effort to 
obtain decent living and working conditions and at least minimal 
rehabilitative: services. 

The Federal Judge who ordered the consolidated suit set down 

for trial is Judge J. Smith Henley. Lastweek Judge Henley fined 
a former Superintendent of the Tucker State Prison Farm in 
Arkansas $1,000 for brutality to inmates. The suit will be tried 

on the eve of the February session of the State Legislature, which 
would have to act to remedy the deficiencies complained of by the 

prisoners. 

The complaint says that under Act 50 of 1968 of the Acts of 

Arkansas, the state must provide an affirmative program of rehabi- 

litation and restoration of adult offenders as useful, law-abiding 

citizens within the community. The Act further states that 

“persons committed to institutional care of the Department shall 
be dealt with humanely with efforts directed to their rehabili- 

tation." 

The prisoners also contend that many have no shoes and are 
provided none, that food is inadequate, clothes for outdoor work 

are not provided and sanitation and health standards are of such 

low standards as to constitute cruel and inhumane punishment. 

In seeking relief the plaintiffs are asking the following: 

(a) a declaratory judgment that the prison officials' acts, 
policies and practices violate plaintiffs' rights secured by the 
due process and equal protection clauses of the Fourteenth Amend- 

Ment and the rights secured by the Thirteenth Amendment. 

(b) a permanent injunction enjoining defendants from impri- 
soning plaintiffs without providing meaningful rehabilitative 

opportunities and requiring defendants to formulate and implement 

a plan of rehabilitation including adequate vocational, educational, 
medical and other programs for all inmates of the institutions 
operated by defendants. 

(c) a permanent injunction enjoining defendants from accept- 
ing or retaining custody of plaintiffs until such time as defen- 

dants can: 

1. Adequately clothe and feed plaintiffs, 

2. protect the life and health of plaintiffs, 

3. protect plaintiffs from the abuses of daily guarding 



S25 

y 
1 President 

Hon. Francis E. Rivers 
L BAYA) Ee PRESS RELEASE Director Counsel 

egal Efonse inal Jack Greenberg 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. Direct Ee eens 
10 Columbus Circle, New York, N. ¥. 10019 * JUdson 6.8397 Jesse DeVore, Jr. 

NIGHT NUMBER 212-749-8487 

, 

<2 

and control by fellow inmates ("Trustys"), 

4. provide adequate medical and dental care, 

5. prohibit racial segregation, 

6. provide trained and paid personnel to operate 

and manage the Department's institutions, 

7. provide procedural safeguards in the imposition 

of discipline, 

8. provide a disciplinary area which does not con- 

stitute cruel and unusual punishment. 

(a) a permanent injunction enjoining defendants from re- 

quiring plaintiffs to perform any form of labor without com- 

pensation, and 

(e) a permanent injunction enjoining the continued use of 

the "Trusty" guard system. 

According to William B. Turner attorney for the NAACP Legal 

Defense Fund, which is handling this case, this is the first 

time lawyers have tried to enjoin a state penal system. More 

suits of this type will certainly be filed in other states in 

the near future according to Mr. Turner. 

=30— 

NOTE: Please bear in mind that the LDF is a completely separate 

and distinct organization eventthough we were established by the 

NAACP and those initials are retained in our name. Our correct 

designation is NAACP Legal Defense and Educational Fund, Inc., 

frequently shortened to LDF.