Arkansas Prisoners File Suit
Press Release
January 23, 1969
Cite this item
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Press Releases, Volume 6. Arkansas Prisoners File Suit, 1969. 7ae169f1-b992-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5cb0a5af-fadb-4179-bc99-f372ccdf0bd6/arkansas-prisoners-file-suit. Accessed October 25, 2025.
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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
,
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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.