MILLER v. HENMAN

No. 86-1035.

804 F.2d 421 (1986)

James MILLER, Petitioner-Appellant, v. Gary L. HENMAN, Warden, United States Penitentiary, Marion, Illinois, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 1986.


Attorney(s) appearing for the Case

Howard B. Eisenberg, Carbondale, Ill., for petitioner-appellant.

Laura J. Jones, Asst. U.S. Atty., Benton, Ill., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for respondent-appellee.

Before EASTERBROOK and RIPPLE, Circuit Judges, and GRANT, Senior District Judge.


EASTERBROOK, Circuit Judge.

The United States Penitentiary at Marion, Illinois, houses the worst of the bad. It is the maximum security institution in the country. Since October 1983 Marion has been "locked down". Every prisoner is confined to his cell most of the day; when let out for short periods, prisoners are apt to be chained and closely guarded. We have held that the lockdown does not violate the Constitution, including the due process clause of the fifth amendment...

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