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Legal Commentary
: PrawfsDickens in Alabama
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Unbelievable story this morning in this NY Times piece; a tale best relegated to Dickens novels.
DECATUR,
Ala. ? The prisoners in the Morgan County jail here were always hungry.
The sheriff, meanwhile, was getting a little richer. Alabama law
allowed it: the chief lawman could go light on prisoners? meals and
pocket the leftover change.
And that is just what the sheriff,
Greg Bartlett, did, to the tune of $212,000 over the last three years,
despite a state food allowance of only $1.75 per prisoner per day.
In
the view of a federal judge, who heard testimony from the hungry
inmates, the sheriff was in ?blatant? violation of past agreements that
his prisoners be properly cared for.
?There was undisputed
evidence that most of the inmates had lost significant weight,? the
judge, U. W. Clemon of Federal District Court in Birmingham, said
Thursday in an interview. ?I could not ignore them.?
So this
week, Judge Clemon ordered Sheriff Bartlett himself jailed until he
came up with a plan to adequately feed prisoners more, anyway, than a
few spoonfuls of grits, part of an egg and a piece of toast at
breakfast, and bits of undercooked, bloody chicken at supper.
The really shocking bit, though, is that this travesty is supported by Alabama law:
An unusual statute here dating from the early decades of the 20th century allows the state?s sheriffs to keep for themselves whatever money is left over after they feed their prisoners. The money allotted by the state is little enough ? $1.75 a day per prisoner ? but the incentive to skimp is obvious.
What can I say? Words fail me. Hard, Bleak times.
(cross-posted at http://californiacorrectionscrisis.blogspot.com; props to awesome colleague Dorit Reiss for the reference)
Full post as published by Prawfs on January 09, 2009 (boomark / email).
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