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UNITED STATES v. MONTANYE

No. 20, Docket 74-1208.

505 F.2d 977 (1974)

UNITED STATES of America ex rel. Rodney R. HAYMES, Petitioner-Appellant, v. Ernest L. MONTANYE, Superintendent, Attica Correctional Facility, Smith, Deputy Superintendent, Attica Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 4, 1974.

Attorney(s) appearing for the Case

Margery Evans Reifler, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., on the brief; Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondents-appellees.

Herman Schwartz, Amherst, N.Y. (Edward I. Koren, Amherst, N.Y., on the brief), for petitioner-appellant.

Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

It is clear beyond cavil that American prisons have failed dismally to fulfill the ambition of contemporary penologists that prisoners should be treated and rehabilitated. Although it is impossible to deny that many are sentenced to prison as punishment, however, we cannot condone the idea that the mere fact of incarceration permits a prisoner to be punished at the whim of those charged with his confinement. Rodney Haymes, formerly...

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