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BATTLE v. ANDERSON

Civ. A. No. 72-95.

457 F.Supp. 719 (1978)

Bobby BATTLE et al., a class action, Plaintiffs, United States of America, Plaintiff-Intervenor, v. Park ANDERSON, his successor Richard Crisp, Warden, Oklahoma State Penitentiary, McAlester, Oklahoma, and his successor, J. M. Sunderland, Warden, Oklahoma State Reformatory, Granite, Oklahoma, and his successor, Department of Corrections, F. Warren Benton, Director, his successor, and the current State Board of Corrections, Frank E. Carey, Jr., President, Leroy W. Kirk, Patricia Montgomery, Gary M. Cook, Chester T. Curtin, Seth Millington, William Thompson, as members, and their successors, Defendants.

United States District Court, E. D. Oklahoma.

Order September 11, 1978.

Attorney(s) appearing for the Case

Louis W. Bullock, Jr., Tulsa, Okl., Carl G. Stevens and Mary E. Bane, Oklahoma City, Okl., for plaintiff.

Charles Ory and Paul S. Lawrence, Attys., Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-intervenor.

Amalija J. Hodgins and Harold B. McMillan, Jr., Asst. Attys. Gen., Oklahoma City, Okl., for the State of Oklahoma, for defendants.

MEMORANDUM OPINION

BOHANON, District Judge.

"Persons are sent to prison as punishment, not for punishment. It is incumbent on the incarcerating body to provide the individual with a healthy habitative environment. Anything less would be to subject the individual to further punishment than was given by the sentencing trial court. With habilitation assured, then possibly or probably the inmate can decide...

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