danielle
07-24-2003, 06:28 PM
Death row ruling put on hold
Appeals court to hear state's challenge of upgrade order
By Jimmie E. Gates
The 5th U.S. Circuit Court of Appeals has handed Mississippi corrections officials a short-term reprieve that could lead to long-term relief from costly court-ordered improvements on the state's death row.
"It stays us from having to comply with the magistrate's order until we get a further ruling from the court to grant or lift the stay," state Special Assistant Attorney General T. Hunt Cole Jr. said Wednesday.
In May, U.S. Magistrate Judge Jerry Davis ruled the state had violated the Eighth Amendment rights of 68 death row inmates by subjecting them to excessive heat, insects, human excrement, rantings of psychotic inmates and poor mental health care at the State Penitentiary at Parchman.
Davis said it was cruel and unusual punishment and ordered improvements.
The attorney general's office on behalf of the Mississippi Department of Corrections appealed Davis' decision to the 5th U.S. Circuit of Appeals, which issued an order late Tuesday granting the state's stay until the court can hear the state's appeal. State officials didn't get the ruling until early Wednesday.
"It gives us hope that we can win on appeal," MDOC Commissioner Chris Epps said.
Epps said some of the items ordered by Davis such as improving mental health care, insect control and cell cleanliness had already been done.
Among other recommendations in Davis' order are tennis shoes for use in recreation pens, shaded exercise yards, daily showers or ice water and increased lighting.
The ice machines alone would cost $14,000, Epps said. MDOC has a $68 million deficit.
Davis had ordered MDOC to report to him by Monday of this week progress in complying with his orders.
Attorneys for the death row inmates have until July 31 to respond to the motion for a stay.
On Wednesday, Margaret Winter, co-lead counsel for the ACLU's National Prison Project based in Washington, and other attorneys on the case were touring and interviewing death row inmates.
Winter, who hadn't returned a call to her Clarksdale hotel late Wednesday, has called Davis' ruling courageous, saying he stood up for the Constitution.
Appeals court to hear state's challenge of upgrade order
By Jimmie E. Gates
The 5th U.S. Circuit Court of Appeals has handed Mississippi corrections officials a short-term reprieve that could lead to long-term relief from costly court-ordered improvements on the state's death row.
"It stays us from having to comply with the magistrate's order until we get a further ruling from the court to grant or lift the stay," state Special Assistant Attorney General T. Hunt Cole Jr. said Wednesday.
In May, U.S. Magistrate Judge Jerry Davis ruled the state had violated the Eighth Amendment rights of 68 death row inmates by subjecting them to excessive heat, insects, human excrement, rantings of psychotic inmates and poor mental health care at the State Penitentiary at Parchman.
Davis said it was cruel and unusual punishment and ordered improvements.
The attorney general's office on behalf of the Mississippi Department of Corrections appealed Davis' decision to the 5th U.S. Circuit of Appeals, which issued an order late Tuesday granting the state's stay until the court can hear the state's appeal. State officials didn't get the ruling until early Wednesday.
"It gives us hope that we can win on appeal," MDOC Commissioner Chris Epps said.
Epps said some of the items ordered by Davis such as improving mental health care, insect control and cell cleanliness had already been done.
Among other recommendations in Davis' order are tennis shoes for use in recreation pens, shaded exercise yards, daily showers or ice water and increased lighting.
The ice machines alone would cost $14,000, Epps said. MDOC has a $68 million deficit.
Davis had ordered MDOC to report to him by Monday of this week progress in complying with his orders.
Attorneys for the death row inmates have until July 31 to respond to the motion for a stay.
On Wednesday, Margaret Winter, co-lead counsel for the ACLU's National Prison Project based in Washington, and other attorneys on the case were touring and interviewing death row inmates.
Winter, who hadn't returned a call to her Clarksdale hotel late Wednesday, has called Davis' ruling courageous, saying he stood up for the Constitution.