by the United States District Court for the Eastern District of Arkansas

“ Finally, each of the plaintiffs contends that although he has some physical impairment which would prevent him from doing the work of an average man, he nevertheless is classified as "average" for prison work purposes, is required to perform difficult physical labor, and is whipped when he fails to perform. ”

“ Personnel, other than inmates under sentence, at Cummins Farm consists of the Superintendent and 25 paid employees, with 20 being supervision wardens; and at Tucker Farm consists of an assistant superintendent and five paid employees, but only three supervision wardens. Customarily both farms make use of inmates, called trusties, in supervisory and overseeing capacities in the fields, in the barracks, and as security guards. ”

“ If the prisoner is found guilty and sentenced to a whipping, he is required to lie face down on the floor and receive the lashes on his buttocks. The prisoners claim that the word of the trusty or accusing warden is usually summarily accepted without further investigation or questioning.
The prisoners also testified to certain beatings which inmates had received at the hands of trusties or other inmates in positions of authority. These beatings seem to have no connection with the disciplining of the beaten prisoners ”

“ He said the great majority of prisoners adjusted satisfactorily to Prison conditions and are never punished. There are some whose conduct is such that discipline in some form becomes necessary. There is a smaller group who are rebellious and, because of their recalcitrance, require repeated disciplinary measures.
The court reconvened some two and a half weeks after the close of the first two days of this hearing to hear the testimony of two expert penologists presented by counsel for the plaintiffs. ”

“ It must not be excessive; it must be inflicted as dispassionately as possible and by responsible people; and it must be applied in reference to recognizable standards whereby a convict may know what conduct on his part will cause him to be whipped and how much punishment given conduct may produce. ”

“ The plant of the System consists of two farms. One is known as Cummins Farm and contains approximately 15,500 acres, with 8,200 acres being under cultivation. Cummins Farm is located near Grady, Arkansas, and normally houses approximately 1,600 inmates; Superintendent O. E. Bishop resides at Cummins Farm. The other farm is known as Tucker Farm and contains approximately 4,500 acres, with approximately 3,000 acres being under cultivation. Tucker Farm is situated at Tucker, Arkansas, and normally houses approximately 275 inmates. ”

“ He said that if the strap were used, there should be a commission or board to rule on the appropriate discipline rather than just one person. Both he and Mr. Bennett testified at some length as to the type of facilities and the forms of punishment used in the prisons with which they had been connected.
According to Mr. Wilkinson, in the Missouri Prison System there is one paid employee for each four or five prisoners; nationally the average is one paid employee to about seven or eight prisoners. It appears that in Arkansas the ratio is one paid employee to approximately 58 prisoners. ”

“ The prisoners are told that they must wear their hats in the field and also that they must care for and not misuse the clothing issued to them. Ernst testified that on this evening as he returned to the barracks from the field he took off his hat and threw it across the Prison yard onto the ground. Upon seeing this, Captain Mayes called him over, took him into the barracks, made him lie down and gave him ten lashes with the strap. There were no other wardens or other prison personnel present at this whipping. ”

“ Jackson testified that he was charged by the long line rider with overlooking okra and was taken by Captain Harmon to the office of Clay Smith, Head Warden at Cummins Farm. In the process of conducting a hearing on the matter, Captain Smith informed the inmates of the charges against them and asked if each was familiar with the rules of the Penitentiary. He then asked if anyone would like to make a statement, and Jackson told Captain Smith that he had picked all the okra he could see and that he was having eye problems and needed glasses. ”

“ New prisoners were similarly instructed.
In August of 1966 Superintendent Bishop became aware of irregularities at the Tucker Prison Farm and requested that the Criminal Investigation Division of the Arkansas State Police conduct an investigation. The investigation disclosed rank violations of the rules by certain of the Prison officials. Shortly thereafter all of the wardens at Tucker Farm were discharged or allowed to resign. Since that time there have been three new assistant superintendents in [*809] charge of Tucker Farm in quick succession, as well as other personnel changes. ”