http://www.cnn.com/2003/LAW/05/22/mi....ap/index.html
JACKSON, Mississippi (AP) -- A federal judge ruled that life on Mississippi's death row is so harsh and filthy that inmates are being driven insane, and ordered reforms that advocates praised as a precedent-setting breakthrough in prisoners' rights.
U.S. Magistrate Jerry Davis found Wednesday that the way inmates are treated at the Parchman prison constitutes cruel and unusual punishment in violation of the Eighth Amendment.
"No one in a civilized society should be forced to live under conditions that force exposure to another person's bodily wastes," Davis wrote in his decision. "No matter how heinous the crime committed, there is no excuse for such living conditions."
The judge instructed the state Corrections Department to undertake 10 actions to improve conditions -- including annual mental health checkups, better lighting, improved toilets, insect control and ways to keep inmates cool during the summer heat.
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.
Wednesday's ruling came in a lawsuit filed on behalf of six inmates who alleged harsh conditions were contributing to a high rate of mental illness among prisoners. Davis ordered prison officials to report on progress by July 7.
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.
He shrugged off the allegations that something had to be done about sweltering prison cells. "It's hot in the Delta," he 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.
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 also should provide sneakers and a shaded area with access to water for exercise. Currently, inmates wear prison-issued flip-flops in individual pens for exercise.
Carolyn Clayton, who helped found the victims' rights group Survival Inc., said she couldn't disagree with Davis' ruling.
"Even though they've done some horrific things, they are still human beings," she said.
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