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JACKSON v. BISHOP

Nos. 18957-18959.

404 F.2d 571 (1968)

William King JACKSON, Appellant, v. O. E. BISHOP, Superintendent of the Arkansas State Penitentiary, Appellee. Lyle Edward ERNST, Jr., Appellant, v. O. E. BISHOP, Superintendent of the Arkansas State Penitentiary, Appellee. Grady W. MASK, Appellant, v. O. E. BISHOP, Superintendent of the Arkansas State Penitentiary, et al., Appellees.

United States Court of Appeals Eighth Circuit.

December 9, 1968.

Attorney(s) appearing for the Case

Edward L. Wright, of Wright, Lindsey & Jennings, Little Rock, Ark., and William S. Arnold, Crossett, Ark., for appellants and filed brief.

Don Langston, Asst. Atty. Gen. of Arkansas, Little Rock, Ark., for appellee; Joe Purcell, Atty. Gen. of Arkansas, and R. D. Smith, III, Asst. Atty. Gen. of Arkansas, Little Rock, Ark., were with him on the brief.

Before VAN OOSTERHOUT, Chief Judge, BLACKMUN, Circuit Judge, and VAN PELT, District Judge.

BLACKMUN, Circuit Judge.

The three plaintiffs-appellants, inmates of the Arkansas penitentiary,1 in separate actions call upon us to direct the entry of an injunction barring the use of the strap as a disciplinary measure in Arkansas' penal institutions. The claim is that the district court

erred in refusing to hold that corporal punishment of prisoners is cruel and unusual punishment within the meaning of the Eighth Amendment...

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