by the United States Court of Appeals for the Eighth Circuit

“ New buildings and additional guards, although essential for compliance with the court's decree, fall far short of remedying the defilement of individuals and the inhumane treatment of prisoners practiced in the name of the state. Imprisonment in buildings of newly laid brick with the most rigid security will not alleviate the depravity and criminality which are fostered by the Arkansas prison system. ”

“ Eighth Amendment violations form the basis for federal court intervention in the administration of a state prison. A factual showing of cruel and unusual punishment violative of the Eighth Amendment is a prerequisite. Jackson v. Bishop, supra; Sostre v. McGinnis, supra. In Sostre, Judge Kaufman aptly states:
"For a federal court, however, to place a punishment beyond the power of a state to impose on an inmate is a drastic interference with the state's free political and administrative processes. ”

“ The objective of prison education in its broadest sense should be the socialization of the inmates through varied impressional and expressional activities, with emphasis on individual inmate needs. The objective of this program shall be the return of these inmates to society with a more wholesome attitude toward living, with a desire to conduct themselves as good citizens and with the skill and knowledge which will give them a reasonable chance to maintain themselves and their dependents through honest labor. ”

“ The court reserved jurisdiction to take such further steps as may be appropriate to implement its determination that confinement in the Arkansas penitentiary system violates constitutional rights of the inmates in event the required reports are not made or prove unsatisfactory.
The respondents have taken this timely appeal from such judgment and decree. Respondents, as required by the court order, filed the April 1, 1970, report setting out the steps taken and contemplated to meet the constitutional violations. ”

“ Additionally, he testified that trusty inmates, some of whom were serving life or long term sentences, constituted 99% of the security force of the prison system. For the approximately 1,000 inmate population only eight free world (non-inmate) guards were employed and these guards were poorly paid and lacked proper training. One hundred and fifty gun carrying trusties, who control all of the weapons at the prison, must be relied upon to guard and protect the prisoners. ”

“ Petitioners in their amended complaint did not contest the validity of the imposed sentences which they are serving nor do they ask to be released from custody. No claim for money damages is made. The Commissioner of Corrections and the members of the Board of Corrections are made parties both in their official and individual capacities. Relief sought is to enjoin the respondents from inflicting punishment violative of the Eighth Amendment. ”

“ The reports on file show substantial progress in meeting the constitutional deficiencies. Money has been appropriated for new buildings and needed improvements and for the employment of additional free world guards. The trial court has recognized that the State is making a sincere effort to remedy the deficiencies. The last report before us covers the period to June 30, 1970. The court upon remand should require an up-to-date report on the progress made in meeting the constitutional violations. ”

“ To this end each prisoner shall be given a program of education which, on the basis of available data, seems most likely to further the process of socialization and rehabilitation. The time daily devoted to such education shall be such as is required for meeting the above objectives. ”

“ The district court recognized this when it stated:
"The absence of an affirmative program of training and rehabilitation may have constitutional significance where in the absence of such a program conditions and practices exist which actually militate against reform and rehabilitation." 309 F. Supp. at 379.
Until immediate and continued emphasis is given to an affirmative program of rehabilitation the district court should retain jurisdiction. [2]
↑ Toward the end of the 18th Century John Howard was Sheriff of Bedfordshire. ”

“ Petitioners individually filed pro se petitions on behalf of themselves and others similarly situated. The actions were consolidated by the trial court. Competent counsel was appointed to represent petitioners. ”