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CANNON v. UNITED STATES

No. 79-1762.

645 F.2d 1128 (1981)

Larry CANNON, Appellant, v. UNITED STATES of America.

United States Court of Appeals, District of Columbia Circuit.

Decided April 1, 1981.

Attorney(s) appearing for the Case

James A. McKowen*, with whom Michael E. Geltner (appointed by this Court) and Larry J. Ritchie, Washington, D. C., were on the brief for appellant.

Robert C. Seldon, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee. Martha P. Rogers, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before ROBINSON, MacKINNON and WALD, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Society sends convicted men and women to prison to punish them through loss of liberty and deprivation of the comforts of life, to rehabilitate them, and to keep them out of the community until such time as they can live by its rules. It does not and should not send them to prison to be beaten, maimed, savaged, even killed, by their fellow inmates. Excessive failure on the part of prison...

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