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

“ The affidavits of the inmate witnesses of the whipping to some extent corroborate Talley's version and to some extent corroborate that of Harmon. The truth is hard to determine. The Court thinks it probable that Talley was agitating to some extent, perhaps to an extent sufficient to justify punishment of some sort. On the other hand, he could not have done very much agitating prior to his whipping, and Harmon concedes that he at least took into consideration Talley's alleged "lying in court." ”

“ It must be recognized also that the administration of prison discipline must in many instances be summary, and that the punishment administered to a convict for a violation of prison rules may differ quantitatively and qualitatively from the punishment prescribed by a criminal statute and imposed initially by a court following an individual's conviction of a crime. ”

“ On the other hand, convicts must be disciplined, and prison authorities must be given wide latitude and discretion in the management and operation of their institutions, including the disciplining of inmates. The Courts cannot take over the management of prisons, and they cannot undertake to review every complaint made by a convict about his treatment while in the prison. ”

“ More specifically, prison authorities are not permitted to inflict upon convicts cruel and unusual punishments for violations of prison rules; they may not discriminate invidiously against a prisoner or class of prisoners; and they may not deny to a prisoner reasonable access to the courts to test the validity of his confinement or to secure judicial protection of his constitutional rights. ”

“ A convict is expected to do "the best he can," and if his performance is not satisfactory to his Assistant Warden, he may be whipped. Here again the infliction of punishment is determined upon and administered summarily.
Petitioner Talley has been whipped on a number of occasions by Assistant Warden Harmon both for infractions of discipline and for insufficient work. Hash has been whipped at least once by Assistant Warden Chadick.
The evidence is sharply conflicting as to how many times Talley has been whipped since he came to the Penitentiary about 1961. ”

“ Large quantities of food are produced for consumption by inmates of the Penitentiary and of other State institutions. In addition, field crops are produced for marketing.
The actual physical labor incident to the farming operations is performed by convicts, known as "rankers," who work ordinarily ten hours a day, six days a week without pay. The rankers, including petitioners, are guarded by other convicts known as "trusty guards," armed with shotguns, pistols, and high powered rifles. Those guards are frequently hardened criminals themselves. ”

“ All petitioners assert that they have been denied access to the Courts; Talley and Hash, and Sloan to some extent, contend that they have been subjected to severe corporal punishment which, in the case of Talley, includes alleged unlawful assaults by a fellow inmate, James Pike. ”

“ The evidence also shows that for some days after August 6 the writ writers, including Talley, were put into special squads and were worked under the immediate supervision of a shotgun guard; on one occasion that guard discharged his weapon deliberately into the ground behind one of the working men and in such close proximity to him that a buckshot pellet penetrated the man's cotton sack. ”

“ Hardwick, 5 Cir., 224 F.2d 526; Coffin v. Reichard, 6 Cir., 143 F.2d 443. Prior exhaustion of available remedies in the State courts before relief is sought in the federal courts is not required. Monroe v. ”